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HomeMy WebLinkAboutcoa.lu.pu.Aspen Mt Pud Sec M.A042-02i 2735-123-06-004 AU4L-UL '— Aspen Mountain PUD Section M Amend. " CASE NUMBER A042-02 PARCEL ID # 2735-123-08004 CASE NAME Aspen Mountain PUD Section M Amendments PROJECT ADDRESS PLANNER Fred Jarman/Joyce Ohlson CASE TYPE Amendment to Ordinance OWNER/APPLICANT Four Peaks Development REPRESENTATIVE DATE OF FINAL ACTION 6/10/02 CITY COUNCIL ACTION Ord. 15-2002 PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 6/13/02 BY J. Lindt IMME PARCEL ID: 2735-123-08004 DATE RCVD: 4/29/02 # COPIES: CASE NO A042-02 CASE NAME: Aspen Mountain Section M Amendments PLNR: Fred Jarman 5`�y G� �' �� �y PROJ ADDR: CASE TYP. Amendment to Ordinance STEPS: OWN/APP]Four Peaks Develop ADR 1000 S. Mill St. C/S/Z: Aspen/CO/81611 925-2114 REP: ADR: C/S/Z: FEES DUE: IBill Applicant FEES RCVD: Bill Applicant REFERRALS REF:: BY:� DUE: MTG DATE REV BODY PH NOS' F- I DATE OF FINAL ACTION REMARKS CITY COUNCIL: PZ: CLOSED: . BY: BOA: r DRACT PLAT SUBMITD: PLAT (BK,PG):: ADMIN:) /'; �/l o1© 2- ORDINANCE No. 15 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SECTION M AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN PUD/SUBDIVISION THEREBY GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit Development /Subdivision Agreement for the Aspen Mountain Subdivision; and, WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5); and, WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance #38, Series of 1999, and Ordinance #53, Series of 2000); and, WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and, WHEREAS, Four Peaks Development, submitted a written petitions on April 26, 2002 and May 31, 2002, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule and some language modifications; and, WHEREAS, Four Peaks Development has provided in said petitions a rationale and justification for the requested Section M amendments, and, WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah (owner of Lot 3 and Lot 5 prior to Grand Aspen Lodging, LLC) met the demolition permit application submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and, WHEREAS, the applicant has requested to extend the construction deadlines to be more in keeping with Four Peaks Development's projected construction timelines; and, WHEREAS, because of potential construction timing impacts that may result from a pending lawsuit (a circumstance beyond the control of the applicant), and a proposed PUD Amendment to the Bavarian Inn Affordable Housing PUD, the City Council finds it appropriate to extend construction and other related development dates; and, WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the buildings on Parcel 2 (townhomes) of the Bavarian Inn Affordable Housing PUD project while a revised proposal for Parcel 1 (inn) of that project is processed by the City. The Parcel 2 element of the development will be referred to as "Phase I" of the project and Parcel 1 will hereinafter be referred to as "Phase II" of the project; and, WHEREAS, Four Peaks Development will proceed with recordation of the approved Bavarian PUD plan as reflected in Ordinance 21, Series 2001, and future changes to Phase II will be processed as an amendment to those recorded documents; and, WHEREAS, the City of Aspen City Council, by a vote of five to zero (5 — 0), approved an amendment to the Section M Amendments of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I The Aspen City Council does hereby amend the Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to include the following "Whereas" statements: WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and, WHEREAS, Four Peaks Development met the required demolition timetable for the former Grand Aspen Hotel as stated in the Section M Amendments; and, WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four Peaks Development determined that it is preferable to demolish the existing Bavarian Inn and rebuild a new structure on the existing foundation, or is willing to discuss with the City another mutually acceptable location on Parcel 2; and, WHEREAS, Four Peaks Development has submitted a Land Use application in April, 2002 to the City to gain approval to replace the existing Bavarian Inn with a new structure and the City Community Development Staff has requested amendments to the site plan of that project; and, WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the buildings in Phase I of the Bavarian Inn Affordable Housing PUD project while the proposal for the new Bavarian Inn is processed by the City. "Phase I" of the project will include the four units in "Building W", and the five units in "Building S" as labeled on the Final PUD Development Plan. Phase II will hereinafter refer to those building(s) located on Parcel 2. PJ • C] Section 2 The Aspen City Council does hereby amend the construction schedule deadlines as set forth in Section A(2) of the PUD Agreement, and as previously amended by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn Affordable Housing PUD project. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. Commencement of construction shall be considered as when the first concrete pour for the foundation occurs. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the issuance of a building permit for Phase I of the Bavarian Inn affordable housing project. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units of Lot 3, Top of Mill. d) Certificate of Occupancy for the Free Market Units on Parcels 3, 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Building permits for Phase I shall be applied for within ninety (90) days after recordation of the originally approved PUD documents. Building permits for Phase II shall be applied for within ninety (90) days after recordation of the amended PUD documents for Phase II or within ninety (90) days of the denial of a PUD amendment by the City Council for changes to Phase II. b) Commencement of Construction: Within thirty (30) days after receipt of building permits for each phase of the Bavarian Inn project but no sooner than the recordation of 3 all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 ", then commencement shall begin no later than by May 1 st of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. Section 3 The amendments as provided in Section 1 of this ordinance shall be reflected in a written amendment document approved by the City Attorney between the City of Aspen and Four Peaks Development which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6 A public hearing on the ordinance shall be held on the 10`h day of June, 2002, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days prior to said hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13`h day of May, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed, and approved this 10`h day of June 2002. Helen Kalin Klanderud, Mayor 4 ATTEST: Kathryn S. Koch, City Clerk ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: V I , Aspen, CO SCHEDULED PUBLIC HEARING DATE: \� i�c l,1 �p l D , 200 Z— STATE OF COLORADO ) SS. County of Pitkin ) 4- I,1:1�a Z-==(name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I haVC eonlplied with the public notice I•equirelnents of Section 26. 304.060 i L:l If the :\open Land (,e Code in the manner: By the Publication in the leu'al 110LICC section Of Lill OfhcIll paper Or a paper of general circulation in the City of Aspen at least fifteen ( 15) Slays prior to the public Hearin(. :'I c•ohV ()f the puhliL'Llti011 iS cttturhed {ZeI•rto. Posting oj notice: By posting of notice. which form was obtained frorh the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the , day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached here{o. iWailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • • Rezoning or test amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Agnare The fore(_7oin`, "'Affidavit of Notice" was acknowled`z ed efore me t lis Adav RE: AMENDMEN10(74, by TU TONOTICE SECTIONM OF ASPEN \�' I TN E S 1 l' l I:\ D.\ D OFFICIAL SEAL MOUNTAIN PUD TO AMEND CONSTRUCTI SCHEDULE ON N0710E IS Y GIVEN will be heldH n Mon ay, June 10, Public a mreeb�� Div conimission expires: Ing to begin at S:W �_ 4.ha before the Aspen City O Concil, City Council Chambers, City Hall, 130 S. A Galena St., Aspen, to consider an . • " - G milted by Four .Peaks application sub• Development, requesting the amendment to the Section M Notary Public < the Aspen Mountain PUD to change constructti of dates that were set in the PUD and Ordinance 53 •• `� r ' of 2000 for Lot S. Lot 3, and the Bavarian Inn. The L �,� property Is legally described as Lots 3 & 5, Aspen Mountain Subdivision and PUD; and Is referred to as the Top of Mill site and the Grand Aspen Hotel ` .''O site, respectively. ,•O For further information, .'ontact Julie Ann Woods ' at the Aspen Community Development ^, O �„ Depart- ment, 130 S. Galena St., Aspen, CO (970) 9205100 or by email at Juliew®cl.yspen.co.us. s/Helea Kalln Klanderud, Mayor ATTACHMENTS: Published in The Aspen Aonen City Council (8775) Times on May 25, 2002. COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIG:Y) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y MAIL r k N � .r a ry U a o u w Vn ao 4-4 a� ° a a� V I 61 O t� O U fi ti .d , za C�7�Vcn O m QI H IS � •U a u �C .. " O N ,+O v N I a' O c�v U � ��a .� Nt [ Of.AIC SIRE f l (K,Ill sl N[ W 5fNC C1 I)Ql1 S/I M WAI K ANU C'UND AND GOFI£R CW nit AWN S" tI7 lliVNIAGC ARC PRIIIAWNARY PI NINNG Ill£ W DISIGN OF AWN SIhYCI BY IIl1 C11Y 0/ AS/4N .WO COOL. WEST MAIN STREET GRAPHIC SCALE M y IN TU7 I i-b - 20' (T 74A,s-E 2.. • BLOCK l8 R SCHMUESER GORDON MEYER I 1 8 W 6TII STREET, SurrE 200 GLENWOOD SPRINGS, Col ORADO B 1 601 ASPS 9 OL 1 A04 FAX (925 72 594E ASPEN, CoLofuDo 1970I 925 6727 E meN: anpilew((fegin tx axn BA YARIAN INN SUBDIVISION / PUD NUN- �K att er FINAL PUD DEVELOPMENT PLAN m ' /7a' -- Bavarian Inn Project Summary With Section M Revisions Proposed Phase 1: (Phases 1 and 2) # of units* Type* Sq ft* Parcel 2: 81h Street multi family: 1 3bdrm TH 1,330 1 3bdrm TH 1,460 1 3bdrm TH 1,490 1 3bdrm TH 1,510 Main street Multi family: 1 1 bdrm flat 600 2 2 bdrm TH 1,040 2 3bdrm TH 1,324 Proposed Phase 2: # of units* Type* Sq ft* Parcel 1 Remodeled BI: 3 Studio 430 1 Studio 530 1 1 bdrm 570 1 2 bdrm 980 1 3 bdrm 1,170 1 3 bdrm 1,160 Bleeker Street Duplex: 1 2 bdrm TH 870 1 3 bdrm TH 1,312 * From Final PUD application dated 12/1 /2000 submitted by Savanah. 2 4 MEMORANDUM To: Mayor and City Council Thru: Julie Ann Woods, Community Development Director Joyce Allgaier Ohlson, Deputy Director From: Fred Jarman, Planner Date: June 10, 2002 Re: Ordinance No. 15, Series 2002: Amending Aspen Mountain PUD Development Dates --("Section M Amendments") — Public Hearing -Second Reading Summary Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval from the City Council to amend the Section M Amendments of the Aspen Mountain PUD (hereinafter "AMPUD"). The purpose of the amendment is to alter permit application, construction, and certificate of occupancy dates for the three projects, due to a pending lawsuit and proposed amendments to the Bavarian Inn Affordable Housing PUD. Staff recommends the City Council approve the requested changes as put forth in the attached Ordinance No.15. Background The Section M Amendments are a formal part of the AMPUD approvals, outlining the demolition, permit application, construction, and certificate of occupancy dates regarding development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand Aspen" site), and the Bavarian Inn Affordable Housing PUD projects. Grand Aspen Lodging, LLC would like to amend the Section M Amendments for two primary reasons: A) Immediately following approval for Lot 5 of AMPUD, Four Peaks Development has been engaged in a lawsuit which has made it difficult to achieve construction financing which may impact the timing on the approved development schedule for the Grand Aspen project; and B) Following extensive investigations of the existing Bavarian Inn structure, Four Peaks Development determined that it is preferable to demolish the Bavarian Inn and rebuild rather than conducting extensive remodeling of the existing Bavarian Inn. Due to this finding, Four Peaks Development recently submitted a land use application to the City to gain approval to replace the exiting Bavarian Inn with a new structure. In addition, Staff has recently requested that Four Peaks reevaluate the new Bavarian Inn site plan. Four Peaks Development requests to move forward with the construction of all of the other three buildings in the Bavarian Inn project while the City processes the proposal for the new Bavarian Inn. This element of the development will be referred to as "Phase 1" of the project and includes the 11 townhome units. "Phase 2" refers to the new Bavarian Inn building. Discussion Specifically, the requested amendments are due to potential construction timing impacts that may result from a pending lawsuit and a proposed PUD Amendment to the Bavarian Inn affordable housing project. Staff has provided the current and binding Section M Amendment language below with the modifications proposed by the Applicant. Language to be deleted has been indicated by being striskema- th-r- . Language to be added has been underlined. Additional comments by Staff for the analysis of this request are provided in italics following each provision. Lastly, Staff has provided a recommended action to City Council for each request below. Section 1: 1. Lot 5, Grand Aspen Hotel site a) Demolition Tia-T-*Me Table- T� t- to n„r e^r� M-e-'et be fore shall 16, '27, 01 with completion Re 1-ate-r tifi4i�july 31, Z�� r� iitii l ing shall ew1-1r- 6tiy'�r"i Saw—an-n—ah and the, aojaeeat neighbors by januar-y f presess. [Four Peaks Development would prefer to delete this language because the demolition has been completed.] ➢ Staff Recommendation to City Council on this request: Approve request. ab.)Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [Four Peaks Development was able to submit building plans for review at the request of the City's Building Department prior to recordation because of additional time it may take to review the plans. Four Peaks would like to add language that allows submission of the building permit application, prio rto the recordation of all final AMPUD documents. Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issues until all the PUD documentation has been recorded.] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. bs.)Certificate of Occupancy: Within thirty (30) months after commencement of constructio , but no sooner than the receipt of a certificate 2 0 of occupancy for both phases of the Bavarian Inn affordable housing project. [The lawsuit is impacting Four Peaks Development's ability to get construction financing so they cannot exactly predict when project commencement will occur. They indicate that they are still able to meet the 30-month construction time line. In addition, Staff would like to include language that requires the City's Chief Building Official to determine to his satisfaction when certificate of occupancy is ready to be issued.] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [Again, as with the Grand Aspen, Four Peaks Development was able to submit building plans for review at the request of the City's Building Department prior to recordation because of the additional time it may take to review the plans. Four Peaks would like to add language that allows submission of the building permit prior to the recordation of all final AMPUD documents. Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issued until all the PUD documentation has been recorded.] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the issuance of a building permit for Phase 1 of the Bavarian Inn affordable housing project. Building Permit submittal for Phase l shall be made no later than June 24, 2002. [Phase 2 is the new Bavarian — and that element is guaranteed with its linkage to the Final Inspection at the Grand Aspen. Staff understands the request to break up the Bavarian Inn project into two phases, but remains concerned that even the current language in the Section MAmendments is vague regarding the tie of the completion of the Bavarian to any development activity on Lot 3. As a result, Staff recommends that the language regarding issuance of a building permit remain as opposed to submission for a permit as requested by the Applicant.] ➢ Staff Recommendation to City Council on this request: Deny request & keep currently adopted language modified to reflect the separation of the Bavarian into Phase I and II. c) Ce-ruif^a*o of Oeeu,,. nc) Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units of the Bavarian Inn Affordable Housing_ PUD_project. [Staff 91 requested this change in language from "CO" to "Final Inspection" because COs are a function of financing. More specifically, if a purchaser does not need financing and pays cash for the free market units, they would not need a CO. Therefore; the Final Inspection will be the trigger, as all projects require a final inspection. ➢ Staff Recommendation to City Council on this request: Approve request. d) Final Inspection for the Duplex Free Market Units on Parcels 3, and the Singi - 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. [There is no real change in this language; the fact that only a duplex can be constructed on Parcel 3, and single-family dwellings can be developed on lots 4-8 has already been represented in the application. Further, the owners of those lots are required to mitigate for AH]. ➢ Staff Recommendation to City Council on this request: Approve request. 3. Bavarian Inn Affordable Housing Project a.) Building Permit Application: Phase 1-A building permit for Phase 1 (Parcel 2- townhomes) shall be applied for no later than June 24, 2002.Wit-hin Ri-nors. (90) does b.) Building_ Permit Application: Phase 2-A building permit for Phase 2 (Parcel 1-inn) shall be applied for within ninety (90) days after recordation of amended PUD documents that refect Phase 2 amendment a rovals. As recordation will be delayed while the new Bavarian Inn is processed, Four Peaks Development would like the ability to get Phase 1 going as soon as possible. Again, Staff feels that submittal of building permit application may be done, however, any permit review is done at the Applicant's risk in that no permits shall be issued until all the PUD documentation has been recorded. This does allow for the developer to move forward on Phase 1. j ➢ Staff Recommendation to City Council on this request: Approve request. c.)Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 st then commencement shall begin no later than by May 1st of that year. [The Applicant would like to move forward with Phase I of the Bavarian Inn affordable housing project while the City reviews the proposed amendment to the Bavarian Inn PUD in order to demolish and reconstruct a new Bavarian Inn structure. The Applicant has submitted the application requesting to amend the Bavarian Inn PUD and is scheduled for review by the Planning and Zoning Commission on May 21 st. ] 2 • ➢ Staff Recommendation to City Council on this request: Approve request. Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. [Staff would like this language to be amended to include "and upon approval of the Chief Building Official. " J ➢ Staff Recommendation to City Council on this request: Approve request as amended. Additional Staff Comments: Staff s main concern regarding modifications to the Section M Amendments is that the commitment made by Four Peaks Development to complete the Bavarian Inn affordable housing project continues to be memorialized and honored. More importantly, the intent of the Bavarian Affordable Housing project concept was not only as mitigation for the Grand Aspen Hotel, but also the result of a commitment made by the previous owner, Savanah, to satisfy, in part, the commitment to provide to the community additional affordable housing as part of the vote for the Ritz Carlton approval. These proposed amendments recognize that Savanah / Four Peaks Development met the provision requiring the demolition of the old Grand Aspen Hotel. These proposed amendments also continue to tie the completion of the Bavarian Inn affordable housing project to the completion of the new Grand Aspen project. Lastly, these proposed amendments break up the construction of the Bavarian Inn into two phases so that work may begin on the townhome buildings while the main Bavarian Inn structure returns to the City for review of its demolition and site plan changes to allow a new structure to be built in its place. Staff finds while these proposed amendments do not significantly jeopardize the commitment made to the City of Aspen by Four Peaks Development to complete the Bavarian Inn affordable housing project in conjunction with Lot 5, Staff remains concerned that if the new Grand Aspen is never realized, then the Bavarian Inn project would never be completed. Further, Staff finds the currently adopted Section M Amendments contain language that is vague regarding Lot 3 in connection to the Bavarian Inn project, but is more restrictive than the proposed language submitted by the Applicant. Staff recommends the existing language remain unchanged. Staff Recommendation Staff recommends City Council approve amendments to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain PUD/Subdivision with the conditions stated herein and as put forth in the attached Ordinance No. 15, Series of 2002. Recommended Motion: "I move to approve Ordinance No. 15, Series of 2002, amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain PUD/Subdivision with the conditions stated herein." E • City Manager Comments Attachments: Exhibit 1: Current Section M Amendments Exhibit 2: Ordinance No. 53, Series of 2000 Exhibit 3: Applicant's petitions (Letters dated April 26 and May 31, 2002) n ORDINANCE No. 15 (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE SECTION M AMENDMENTS TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN PUD/SUBDIVISION THEREBY GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit Development /Subdivision Agreement for the Aspen Mountain Subdivision; and, WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5); and, WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance #38, Series of 1999, and Ordinance #53, Series of 2000); and, WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and, WHEREAS, Four Peaks Development, submitted a written petitions on April 26, 2002 and May 31, 2002, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule and some language modifications; and, WHEREAS, Four Peaks Development has provided in said petitions a rationale and justification for the requested Section M amendments, and, WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah (owner of Lot 3 and Lot 5 prior to Grand Aspen Lodging, LLC) met the demolition permit application submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and, WHEREAS, the applicant has requested to extend the construction deadlines to be more in keeping with Four Peaks Development's projected construction timelines; and, WHEREAS, because of potential construction timing impacts that may result from a pending lawsuit (a circumstance beyond the control of the applicant), and a proposed PUD Amendment to the Bavarian Inn Affordable Housing PUD, the City Council finds it appropriate to extend construction and other related development dates; and, WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the buildings on Parcel 2 (townhomes) of the Bavarian Inn Affordable Housing PUD project while a revised proposal for Parcel 1 (inn) of that project is processed by the City. The Parcel 2 element of the development will be referred to as "Phase 1" of the project and Parcel 1 will hereinafter be referred to as "Phase 2" of the project; and, WHEREAS, Four Peaks Development will proceed with recordation of the approved Bavarian PUD plan as reflected in Ordinance 21, Series 2001, and future changes to Phase 2 will be processed as an amendment to those recorded documents; and, WHEREAS, the City of Aspen City Council, by a vote of to (- - -), approves an amendment to the Section M Amendments of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Ceetion 1 The Aspen City Council does hereby amend the Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to include the following "Whereas" statements: WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and, WHEREAS, Four Peaks Development met the required demolition timetable for the former Grand Aspen Hotel as stated in the Section M Amendments; and, WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four Peaks Development determined that it is preferable to demolish the existing Bavarian Inn and rebuild on the existing foundation; and, WHEREAS, Four Peaks Development has submitted a Land Use application in April, 2002 to the City to gain approval to replace the existing Bavarian Inn with a new structure and the City Community Development Staff has requested amendments to the site plan of that project; and, WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the other three buildings in the Bavarian Inn Affordable Housing PUD project while the proposal for the new Bavarian Inn is processed by the City. "Phase I" of the project will include the four units in "Building W", the five units in "Building S" and the two units in "Building N" 2 as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new Bavarian Inn building. Section 2 The Aspen City Council does hereby amend the construction schedule deadlines as set forth in Section A(2) of the PUD Agreement, and as previously amended by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn Affordable Housing PUD project. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the issuance of a building permit for Phase 1 of the Bavarian Inn affordable housing project. Building Permit submittal for Phase 1 shall be made no later than June 24, 2002. c) Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units of the Bavarian Inn Affordable Housing PUD project. d) Final Inspection for the Free Market Units on Parcels 3, 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Phase 1-A building permit for Phase 1 (Parcel 2- townhomes) shall be applied for no later than June 24, 2002. 3 b) Building Permit Application: Phase 2-A building permit for Phase 2 (Parcel 1-inn) shall be applied for within ninety (90) days after recordation of amended PUD documents that reflect Phase 2 amendment approvals. c) Commencement of Construction: Within thirty (30) days after receipt of building permits for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31 St, then commencement shall begin no later than by May 1 st of that year. d) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. Section 3 The amendments as provided in Section 1 of this ordinance shall be reflected in a written amendment document approved by the City Attorney between the City of Aspen and Four Peaks Development which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6 A public hearing on the ordinance shall be held on the 10t' day of June, 2002, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days prior to said hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13`h day of May, 2002. ATTEST: Kathryn S. Koch, City Clerk 4 Helen Kalin Klanderud, Mayor C� • FINALLY adopted, passed, and approved this IOth day of June 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk y0U-22-2000 WED 09:28 All rHA Nu. c EXHIBIT 1 —MENDED REQUEST FOR SECTION' M AMENDMENT TO ASPEN MOUNTAIN PUD Submitted by Savanah Limited Partnership November 16, 2000 This request to amend certain construction and other dates contained in the Aspen Mountain PUD (the PUD), and in Ordinance 38 of 1999, is made pursuant to S,:etion M of the PUD. Savanah Limited Partnership and the City ofAspcn have been engaged in the approval process for the final parcels contained in the PUD, Lots 3 (Top of the Nfill) and 5 (the Grand Aspen Hotel) and the Bavarian Inn for many months. Separate from that review process but related to it, Savanah and the City have agreed upon a number of dates from time to time that relate to how and when those three parcels would be processed. approved and built. The most recent agreement on those dates is contained in Ordinance 38 of 1999. When those dates were agreed to in September of 1999, both Savanah and the City had to estimate when conceptual and final approvals for the three sites would be received. Given that estimate, other dates were then established for various building permits, certificates of occupancy, etc. on the three parcels. Conceptual approvals for all three sites were received on December 6, 1999. Under the Aspen land use code, Savanah has until one year after that date, i.e., December 6, 2000, to submit the final applications for each site. Given the complexity of the architectural and engineering work required for each final submission, Savanah will not be submitting the Final approval applications until, or just before, December 6, 2000. Now that the final submission dates are more accurately predicted, it can also be estimated that final approvals will not likely be received until sometime in the fall of 2001. This being the case, all of the dates contained in Ordinance 38, with the exception of the Grand Aspen demolition date, arc unattainable by a wide margin. It should also be noted that each of the properties in question are under contract for sal: by Savanah. However, due to the unpredictability of any such transaction, Savanah has been proceeding with all its various development consultants to process and prepare the final applications with all appropriate priority to meet the December 2000 deadlines. NUV-�'Z-L000 Will UU ; Cb HI-1 • r MA Nu, • r, i u/ 14 I. Section L of the PUD, Reconstruction Credits Section L of the PUD contains provisions relatIn T Deadlines for using them have been extended throughout to the ttile jse o rote sin ct'on credits. such time as it becomes clear on how they might be impleme �ed. The laOt throe D, until were extended was in 1998 through Ordinance S. All reconstruction credits associated with Lots3 and 5 were extended in that Ordinance until one (1) year from the date of issuance of the demolition permit for the Grand Aspen Hotel. Now that we have a much more accurate understanding will be approved and then constructed we are hereby equ sttinglese thatt all remavarius n ingni�s reconstruction credits in the PUD be extended for five years after the date of final approvals for Lots 3 and 5. This is consistent with the existing land use code that allows for reconstruction within Fve years of demolition of the units. Given the complex and lengthy approval process needed to determine how these credits could be used, it is reasonable to treat the credits as requested. we think R. Grand Aspen Demolition Permit Date: The PUD stipulates that if the demolition of the Grand Aspen were to fall in the ski season, then it can be postponed until after that season. Since the current requirement of obtaining the demolition permit by October 1, 2000 would place the demolition in that after the lifts close in Apr il period, Savanah and the City have agreed that the demolition will not commence until 2001. (See attached letter from Julie Ann Woods of September 25, 2000) Nonetheless, in order to meet the requirement of obtaining the demolition permit, Savanah submitted a complete demolition permit application through its demolition contractor to the Aspen Building Department the week of September 18, 2000. The processing of the permit took a number of weeks to complete and by October 30, 2000 all requirements, except for one, for the issuance of the permit had been tnet. The only Outstanding matter is the asbestos abatement that must be completed and certified by the State before a demolition permit can be issued. Since it is possible that work may not take place until April of 2001 as part of the overall demolition, the permit will not actually be issued until that time. Accordingly, Savanah is requesting an extension of the requirementto obtain the Penn it until the spring of 2001. Please see the attached letter from the City Of November I6, 2000 on this subject. III. Other Dates: Now that the various site development plans are more precisely defined due to the ' conceptual approvals, more accurate building and construction dates can be estimated. L 1 r 1 1 NUV-'' 2-2000 Will UU:2y Hfi • t tin NU. •. s 3. Titus, the following proposed dates for building CO"StOrdinance 38. uclion and certificates of occupancy are more spec ficrmit i that catons, commencing Ordinn hosed es found in Several items should be noted about these proposed dates. First, the total construction time for each parcel is the same as that used in Ordinance 38. Second, all affordable housing will continue to be built (certificate of occupancy) or obligations met (cash in lieu, etc.) concurrent with or before all free market units receive their final inspection. The specific requested dates for Lots 3 and 5 and the Bavarian are as follows: 1. Lot 5, Grand Aspen Hotel Site a) Demolition Permit: No later than the spring of2001 as per the artached letter from the City b) Demolition Time Table Commence asbestos abatement work no later than April 16, 2001, with demolition to be completed no later than July 31, 2001. e) Building Permit Application Within one hundred and eighty (180) days after the recordation of all Final PUD documents. d) Certificate of occupancy Within thirty (30) months after issuance of building than the receipt of a certificate of occupancy for the Bavarian ]rut roject t' but no sooner 2. Lot 3, Top of Mill a) Permit APPlication(s) for Infrastructure and Removal of Fill Material Submit said application(s) within thirty (30) days after recordation of all final PUD documents. b) Building Permit Applications NUV-2' `2 UU WEU Uy ; ey Hn • r nR NU, • r. i ci 14 4 At owner's discretion, but no sooner than the i for the Bavarian Inn affordable housing project, ssuance or,, building permit c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units No sooner than the receipt of a certificate of affordable housing units. occupancy for the Parcel 2 d) Certificates of Occupancy for the Duplex Free Market Unit on Parcel 3 and the Single -Family Frye Market Units on Parcels 4, 5, 6, 7 and S. No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the appli fee. cable affordable housing impact 3. Bavarian Inn Affordable Housing Project a) Building Permit Application documents Within ninety (90) days after recordation of all final PUD Bavarian Inn b) Commence Construction Within thirty (30) days after receipt of buildin e ` Inn project but no sooner than the recordation of all final PUD documents forBLots 3a and 5. r However, should such date fall between December I and March 31, then construction tnay commence as late as May 1 of that year. 1 i c) Certificate of Occupancy Within eighteen 18 ( ) Forth in paragraph (b) above. months of commencement of construction as set t Given what we know today about the likely final approval timetable, Savanah is confident these dates are realistic and achievable. Thus, r before the City Council to consider all these matters. Thank you. we respectfully request a hearing 0 0 EA�-'�J �_ ORDINANCE # 53 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES AND RECONSTRUCTION CREDITS THEREBY AMENDING SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision, and WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the reconstruction credits would expire, and WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998 and Ordinance #38, Series of 1999); and WHEREAS, Savanah Limited Liability Partnership ("Savannah") submitted a written petition on September 26, 2000, amended October 11, 2000, and November 16, 2000, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific i extensions in the construction schedule and reconstruction credit dates; and WHEREAS, Savanah has provided in said petitions a rationale and justification for the requested Section L and Section M amendments, and I 111111111111111111111111111111 IN 111111111111111111111 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance 438, Series of 1999, Savannah has met the demolition permit application submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and WHEREAS, the applicant has requested to extend the construction deadlines and reconstruction credits to be more in keeping with Savannah's projected development review process, PUD approval timelines of the City and the projected construction timelines; and WHEREAS, Savannah submitted a "Conceptual PUD Development Plan,/ Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and the Bavarian Inn site and received conceptual approval from the City Council for all three development sites on December 6, 1999 and Savannah has indicated their intention to submit final applications for these sites by the deadline of December 6, 2000, requiring detailed engineering and architectural plan submissions; and WHEREAS, because of the length of the PUD review process and the necessity of extensive public review (a circumstance beyond the control of the applicant), City Council finds it appropriate to extend construction and other related development dates and reconstruction credit dates, and WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 111111111111111111111111111111111111111111 Kill 1111111 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO E • Section 1 The Aspen City Council does hereby amend Savannah's construction schedule deadlines as set forth in Section A 2 of the PUD Agreement, and as previously amended by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000, to discuss the demolition process. b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing proj ect. � ►r O �> U ,_J, , 2. Lot 3, Top of Mill En D a) Permit Applications for Infrastructure and Removal of Fill Material: o Submit application(s) within thirty (30) days after recordation of all final Aspen ¢ Mountain PUD documents. = za o b) Building Permit Applications: am At owner's discretion, but no sooner than the issuance of a building permit for the .� Z Bavarian Inn affordable housing project. 00a m oc) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: .._ N No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable m �o housing units. N .�' ED iz d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 6, 6, 7 and 8: � i No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 111111111111111111111111 11111111111111111111111111 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1" to March 31g` then commencement shall begin no later than by May I` of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b, above. Section 2: The Aspen City Council does hereby amend Section L of the PUD Agreement to grant an extension of the usage for the reconstruction credits as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD. These credits shall not confer any exemption from the affordable housing requirements as may be identified during the approval process." Section 3: The amendments as provided in Section 1 and Section 2 of this ordinance shall be reflected in a written amendment document approved by the City Attorney between the City of Aspen and Savannah Limited Partnership which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances rd repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the ordinance shall be held on the 1 lth day of December, 2000, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days prior to said hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of November, 2000. 'l !; F ; 4T. E,S'1:: i ° .''Katbry.n S o'ch, City Clerk 1 E. Richards, MaAr FINALLY adopted, passed, and approved this 11t" day of December, 2000. " -ATTEST: - �r - S� KgthrXn�8. och, City Clerk ..._� w- .. er chel E. Richards, Mayo 111111111111111111111111111111111111111111111111111 IN 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 5 AMENDMENT TO THE FIRST AME> TDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION THIS AMENDI- ENT to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mouritain Subdivision ("PUD Agreement"), A being entered into between the City of Aspen, Colorado !"City") and Savanah Limited Partnership ("Savanah" or "Owner") on this 5ch day off „ , provides as follows: . z,.nuary, 2001 RECITAS WHEREAS; Savanah submitted a written petition on September 26, 2000, amended October 11, 2000 and November 16, 2000, to the Comm:mity Development Director for City Council action pursuant to Section M of the PUD Agreeriient seeking certain specific extensions in the eonsu-uction schedule and reconstruction credit dates; and WHEREAS, hearings were conducted before the Ci:y Council on November 27, 2000 and December 11, 2000, during which Savanah successfully demonstrated the reasons necessitating the extensions in the existing construction schedule and reconstruction credit dates; and WHEREAS. Section N1 of the PUD Agreement (: � itlZorizes extension of the time periods for construction schedules upon a proper showing; and 10 WHEREAS, Section 0(6) of the PUD Agreemen: authorizes amendments to the PUD Agreement by written instrument executed by the parties; thereto. NOW THEREFORE, in consideration of the mutual covenants as contained herein, it is ri agreed that the provisions hereinbelow shall amend the )✓iJD Agreement as follows: is:r �n 1. Savanah's construction schedule deadlines as set forth in Section A2 of the PUD �.o MMa Agreement, and as previously amended by those Section M amendments executed in June 1990, -0June 1991, August 1992. October 1992, February 1993, J-.me 1995, February 1998, March 1998 0., and September 1999, are hereby further amended to pro-v de as follows: `¢a a A. Lot 5, Grand Aspen Hotel Site m Z i) Demolition Time Table: im- m Commencement to occur on or before April 16, 2001 with completion no later �-� than July 31, 2001. An initial meeting shall occur between Savanah and the —moo adjacent neighbors by January 31, 2001 to discuss the demolition process. M in ~r ii) Building Permit Application Submissiur: Z Within one hundred and eighty (180) days after recordation of all final Aspen �a sou o 1 Mountain PUD documents. iii) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. B. Lot 3, Top of Mill i) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. ii) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. iii) Certificate of Occupancy for the Parcel I Multi-Familv Free Market Units: No sooner than the receipt of a certificate -)f occupancy for the Parcel 2 affordable housing units. iv) Final Inspection for the Duplex Free M: rket Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6; 7 and S: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the-i dplicable affordable housing impact fee. C. Bavarian Inn Affordable Housing Project i) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Aftordable Housing project PUD documents. ii) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project; but no sooner than the recordation of all final Aspen Mountain PUD documents for Lots 3 and 5. However, should said permit fall within the months of December I" to March 31", then the commencement shall begin no later than May 1"of that year. iii) Certificate of Occupancy: Within eighteen (IS) months of the date of commencement of construction as set forth in paragraph b above. 11111111111111111111111111111 IN 111111 III II�I� �I�I II! 4 416 01/11/2001 08:41A PUD AGRE DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 9/� a /n�; 'nN 1A1W"n;fll I n n 7 'C7 'KIHr STATE OF COLORADO ) ss. County of Pitkin ) 2� The foregoing instrument was acknowledged be#.ire me this day of by Rachel E. Richards, as Mayor, and Katheryn S. Koch, as City Cleric, of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL My co 0 F G0� STATE OF SS. County of V.Z. ) 5-1S -v4� otary Pub,, Address The foregoing instrument was acknowledged before me this day , by Tarek Avoubi, president of Aspen Enterprises International, Inc., general p *-nerf Savannah ,* Limited Partnership. WITNESS MY HAND AND OFFI My commission expires: Address vA �'�,�- U O C0 co 1111111111111111111111111111111111111111111111111111111 450 430416 01/11/2001 08:41A PUB AGRE DAVIS �SIL I 5 of 5 R 25,00 D 0.00 N 0.00 PITKIN COUNTY CO .*A 5 nin i incr, Inki APPROVED AS TO FORM: Attorney For S@6nah Limited Partnership SAVANAH LIMITED PARTNERSHIP By: Tarek Avoubi President Aspen 3nterprises International, Inc. Generzd Partner [Acknowledgments On Next Page] I I11III 11111111111111111 III1I IIII IIIIII IIi 111111111 IN 450416 01/11/2001 08:41A PUD ACRE DAVIS SILVI 4 of S R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO i� �A 112 9/S 'd 106E 'ON WWHc : n I inns •c7 •Klwr C] 0 2. Section L of the PUD Agreement is amended to provide as follo xs: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD for Lots 3 and 5. These credits shall not confer any exemption from affordable housing requirements as may be identified during the approval process." 3. All other tenns and conditions of the PUD Agreement and the previous Section M amendments, not inconsistent or superseded by this amendment, shall remain in full force and effect. 4• This amendment document shall be promptly recorded in the records of the Pitkin County Clerk and Recorder's office. IN WITNESS WHEREOF, the parties have hereunto set their signatures on the day and Year as first written above. ATTEST: APPROVED AS TO FORM: THE CITY OF ASPEN By. 1 �� Richards, Ma r 0415 01/11/2001 3 of 3 R 25.00 D 0.004lA PUD AGRE DAVIS N -0VJ _ 00 PITKIN COUNTYco [Signatures Continued On Next Page) A! 3 0 0 E-XL61+ F O U R P E A K S D E V E L O P M N T �C16 APB �FQ April 26, 2002 City of Aspen - Department of Community Development C/o Fred Jarman 301 South Galena Street Aspen, Colorado 81611 Dear Fred: 1000 South Mill St Aspen CO, 81611 Phone: 970-925-21 14 Fax: 970-925-1036 Please accept this letter as our formal request to amend the Section M amendments currently reflected in Ordinance 53 Series 2000. The reasons for this request include: 1) Our discovery that the existing Bavarian Inn is a worthless pile of junk and that all concerned benefit by us building a new one in its place. Current arrangements contemplate a remodel of the existing building and we would prefer to hand over a new structure than a remodeled old one - from here on this element of the Bavarian project will be referred to as "Phase 2". Phase 1 is the other town home units in the project and we are proceeding with preparing and submitting for building permits on this element as soon as possible. The project has been fenced, the old cabins given away, and the demolition permit is applied for. Application for the change to allow a new building has been made to the City. We won't demolish the existing Bavarian until the City approves our requested change to the PUD approval, and that requires some time. Many of the neighbors asked if we could take the existing building down so we expect strong support from the neighbors on this. This delay to process the new BI is driving most of the issues associated with our requested changes, 2) Technical corrections should be made to the current Section M agreements to reflect an update on the project and wording changes, and 3) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction financing for the project. The Following is a presentation of the existing Section M language (in bold text) followed by our requested language (in standard text) and then detail as to the reason for the request (in italic text). We would request that the follow facts be added to the agreement: Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P"), purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and Whereas, after det� investigation into remodeling the ex Bavarian Inn ("BI") 4P has determined that it is prefera le to demolish the existing BI and rebui d on the existing foundation; and Whereas, 4P has submitted a Land Use application dated April _, 2002 to the City to gain approval to replace the exiting BI with a new structure; and Whereas, 4P wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new BI is processed by the City. This element of the development will be referred to as "Phase 1" of the project and include the four units in "Building W", the five units in "Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI building. Below are our requested changes to Section 1: Section 1 1. Lot 5: a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000 to discuss the demolition process. Comment: As the building has been demolished this paragraph should be deleted b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment: The buddingdepartmentwantedtogetstartedontherevietvofthep jectimmediatelyandasthe recordation has not yet occurred we felt it important to add theflexibility lexibility to submit prior to recordation. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. Comment: The Galena Place lawsuit is impacting ourability to get construction financingso I can't pre ict when our start will occur. I can stick to the 30 month time line once construction commences. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Change to: a) it Applications for Infrastructure anMat oval of Fill Material: Submit application(s) within thirty (30) days after recordation final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment: The goal here is to get us to do this within 30 days of recordation. All we are asking forhere is for the ability to apply before recordation. Permits for Tree removal, fencingand demolition arealready in place. b) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the submission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. Comment: ■ The change isfrom "issuance"to "submittal"ofaBuildingpernzit:Asa buildingpermitforPhase 2 (the new Bavarian) will be delayed while we process the requested change to build a new structure. ■ The submission of a building permit application on Phase 1, combined with the guarantees associated with the CO of the Grand Aspen being held up by the Bavarian (both phases) we believe gives the City adequate assurance that we will build the Bavarian. We just have to do this in 2 phases because we want to do the new building and hope the process will allow us to do so. ■ Vthoutthis requestedchangeconstnictinganew buildin&insteadofremodelingtheoldbuildin&is problematic at best. We believe it is in everyone's best interest to teardown the old Inn and build a new one. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment.- We were requested to change this from "Certificate of Occupancy"to "Finallnspection "by the City, and are happy to do it. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. No change requested. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Change to: a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. Comment: As recor,* will be delayed while the new BI is process are requesting the ability to get Phase 1 going as soon as possible, by not having to delay submittals w ile that change is processed. This allows us to speed up the process on Phase 1. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Change to: b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Comment. -As the Bavarian is proposed to be built in two phases to accommodate the approval of the new building we would like the room to move forward on Phase I whilePhase 2 is being reviewed by the City. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. No requested changes Also, for your information, below is a quick summary of the Bavarian schedule as we see it today: ■ Asbestos removal on existing BI: completed ■ Demolition permit application (Phase 1): submitted. ■ Complete fencing of project: completed ■ Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ■ Building permit application for Phase 1 of BI no later than May 31 (hopefully by May 15 - but I am building in a cushion here). Commencement and completion of construction as required above. We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC Scott Writer, Manager JZ)(k (" b I f 3 (Coy+) F O U R P E A K S D E V E L O PM ENT 1000 South Mill St Aspen CO, 81611 Phone:970-925-2114 Fax:970-925-1036 May 31, 2002 City of Aspen — Department of Community Development C/o Julie Ann Woods and Joyce Ohlson 301 South Galena Street Aspen, Colorado 81611 Dear Joyce and Julie Ann: Please accept this letter as our formal request to amend the Section M amendments currently reflected in Ordinance 53 Series 2000. The reasons for this request include: 1) A request has been made by City Staff to look into a change in the site plan for Parcel 1 in the Bavarian Inn Subdivision/PUD. Four Peaks believes in the spirit of the request and looks forward to working with the City and the neighbors in coming up with a revised plan for Parcel 1. Parcel 2 in the Bavarian Plan is to move forward in all reasonable haste. 2) As mentioned, the concept of redesigning Parcel 1 is initially acceptable to Four Peaks, however, the details need to be further explored. Also, if and when an acceptable conceptual plan is agreed to, the time and money will need to be spent to create and submit an acceptable plan. Then, of course, that plan will have to go through public hearings. We are willing to go through this potentially lengthy and costly process, if, and only if, this will not delay us on any efforts on Lots 3 and 5 of the Aspen Mountain Subdivision / PUD; and it does not add significant costs to the project. Therefore, certain provisions of the "Section M" amendments must be changed for us to proceed with exploring these changes. 3) Technical corrections should be made to the current Section M agreements to reflect an update on the project and wording changes, and 4) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction financing for the project. The Following is a presentation of the existing Section M language (in bold text) followed by our requested language (in standard text) and then detail as to the reason for the request (in italic text. We would request that the follow facer be added to the agreement.• Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P"), purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and Whereas, 4P wishes to move forward with the construction of all of the buildings on Parcel 2 of the project while a revised proposal for Parcel 1 is processed by the City. The Parcel 2 element of the development will be referred to as "Phase 1" of the project. Phase 2 will hereinafter refer to the elements included in Parcel 1 of the project. Whereas, 4P will proceed with recordation of the approved Bavarian plan as reflected in Ordinance 21, Series 2001, and future changes to Parcel 2 will be processed as an amendment to those recorded documents. Below are our requested changes to Section 1: Section 1• 1. Lot 5: a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000 to discuss the demolition process. Comment. As the building has been demolished this paragraph should be deleted b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment. The building department wanted to get started on the review of the project immediately and as the recordation has notyet occurred we felt it important to add the flexibility to submitprior to recordation. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for phase 1 of the Bavarian Inn affordable housing project. Comment: The Galena Place lawsuit is impacting our ability toget construction financing so I can'tpredict when our start will occur. I can stick to the 30 month time line once construction commences. At first blush keeping the whole project tied to CO's at the Grand Aspen seemed acceptable — however, given the possible timing impacts associated with the approvalprocess another type of security appears necessary. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Per*pplications for Infrastructure and Reek of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment. • The goal here is to get us to do this within 30 days of recordation. All we are asking for here is for the ability to apply before recordation. Permits for Tree removal, fencing and demolition are already in place. Ile have received permission from the Mayor, City Manager, and Director of Community Development to proceed with excavation down to 1975 grade. b) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owners discretion, but no sooner than the submission for a building permit (and City's acknowledgment that submission is complete) for Phase 1 of the Bavarian Inn affordable housing project. Said Building Permit submittal for Phase 1 shall be made no later than June 24, 2002. Comment.• ■ 4P intends to submit for recordation of the Bavarian Inn Subdivision PUD on or about June 30, 2002. ■ The change is from `issuance"to `submittal" of a Building permit. 4P will commit to submit for a building permit for Phase 1 no later than June 24, 2002. Because the submission for a Building Permit triggers a timeline that requires construction and completion of the structures, we feel this gives the City adequate assurances that Phase 1 will be built and completed. ■ As a building permit for Phase 2 (Parcel 1) will be delayed while we process the requested change to build a new structure, we are asking to remove this element from the process. ■ 4P will commit to submit a complete package to the City for building permits) on Phase 2 within 90 days of recordation. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment. We were requested to change this from `Certificate of Occupancy"to 'Final Inspection "by the City, and are happy to do it. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. No change requested. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Change to: a) Building Permit Application — Phase 1: A building permit for Phase 1 (Parcel 2) shall be applied for no later than June 24, 2002. 0 • b) Building Permit Application Phase 2: A building permit for Phase 2 (Parcel 1) shall be applied for within ninety (90) days after recordation of amended PUD document that reflects Phase 2 approval. Submittal prior to recordation is acceptable. c) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Change to: c) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31 st then commencement shall begin no later than by May 1st of that year. Comment: As the Bavarian is proposed to be built in two phases to accommodate the approval of the new building we would like the mom to move forward on Phase 1 while Phase 2 is being reviewed by the City. d) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. No requested changes Also, for your information, below is a quick summary of the Bavarian schedule as we see it today: ■ Asbestos removal on existing BI: completed ■ Demolition permit application: approved ■ Complete fencing of project: completed ■ Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ■ Building permit application for Phase 1 of BI no later than June 24, 2002. Commencement and completion of construction as required above. We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC Scott Writer, Manager • F O U R P E A K S D E V E L O P M E N T 31 MayX, 2002 City of Aspen — Department of Community Development C/o Julie Ann Woods and Joyce Ohlson 301 South Galena Street Aspen, Colorado 81611 Dear Joyce and Julie Ann: up ,or--motli 1000 South Mill St Aspen CO, 81611 Phone:970-925-2114 Fax: 970-925-1036 Based on our conversation of May 22, 2002 I am writing to suggest some small changes to our request concerning the Section M amendment. I will initiate this in a redline format so thatyou can more easily see the changes I am suggesting. Please note that these changes are suggested in light ofyour request, and our willingness to pursue a change in the Bavarian site plan on the northern portion of the property (Parcel 1). Please accept this letter as our formal request to amend the Section M amendments currently reflected in Ordinance 53 Series 2000. The reasons for this request include: Il A request has been made by City Staff to look into a chance in the site plan _for Parcel 1 in the Bavarian Inn Subdivision /PU D. Four Peaks believes in the spirit of the request and looks forward to working with the City and the neighbors in coming up with a revised plan for Parcel 1. Parcel 2 in the Bavarian Plan is to move forward in all reasonable haste. 2) As mentioned, the concept of redesigning Parcel 1 is initially acceptable to Four Peaks, however, the details need to be further explored. Also, if and when an acceptable conceptual plan is agreed to, the time and money will need to be spent to create and submit an acceptable plan. Then, of course, that plan will have to go through public hearings. We are willing to go through this potentially lengthy and costly process, ifand only if, this will not delay us on any efforts on Lots 3 and 5 of the Aspen Mountain Subdivision / PUD: and it does not add significant costs to the project. Therefore, certain provisions of the "Section M" amendments must be changed for us to proceed with exploring these changes. 2)3) Technical corrections should be made to the current Section M agreements to reflect an update on the project and wording changes, and 3)41 The lawsuit by the Galena Place Homeowners is delaying our ability to get construction financing for the project. The Following is a presentation of the existing Section M language (in bold text) followed by our requested language (in standard text) and then detail as to the reason for the request (in italic tex6. We would request that the follow facts be added to the agreement.• Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P"), purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and Whereas, 4P wishes to move forward with the construction of all of the ogee buildings i )n Parcel 2 of the project while a rcV ised the proposal for the Parcel 1 new -B! is processed by the City. The Parcel 2 his element of the development will be referred to as "Phase 1" of the project: " and the " . Phase 2 will hereinafter refer to the elements included ui Parcel 1 of the project. Whereas. 4P will proceed with recordation of the approved Bavarian plan as reflected in Ordinance 21, Series 2001, and future changes to Parcel 2 will be processed as an amendment to those recorded documents. Below are our requested changes to Section 1: Section 1• 1. Lot 5: a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000 to discuss the demolition process. Comment. As the bui*has been demolished this paragraph should be Oed b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Building Permit Application Submission: Within one hundred and eighty (180) Q� days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment: The building department wanted to get started on the review of the project immediately and as the recordation has notyet occurred we felt it important to add the jlexibility to submit prior to recordation. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. Change to: b) Certificate of Occupancy: Within thirty (30) months after commeTl�emen (f construction, but no sooner than the receipt of a certificate of occupa for bod3 phas of the Bavarian Inn affordable housing project. Comment. The Galena Place lawsuit is impacting our ability to get construction financing so I can't predict W when our start will occur. I can stick to the 30 month time line once construction commence.. At first blush keepingkeCping the whole ro ect tied to CO s at the Grand A4 en seemed acre table — howeve ivrn the possible timing impacts associated with the approval process another type of secrttM appears ne�cessa (/ 2. Lot 3, Top of Mill L4� l a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. \r Change to: a) Permit Applications for Infrastructure and Removal of Fill Material: Submit �~ application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment. The goal here is to get us to do this within 30 days of recordation. All we are asking for here is for the ability to apply before recordation. Permits for Tree removal, fencing and demolition are already in place. II% e have received-perrnis,ion. fi-om The lllavor, 01 Y ilt tanager, and Director of commuE4 Derr/opment to proceed will; eX,,,rvation down to 1975grade. b) Building Permit Applications: At owner's discretion, but no sooner than the issuance', of a building permit for the Bavarian Inn affordable housing project. Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the submission for a building permit and City's acknowledgment that submssion is complete) for Phase 1 of the Bavarian Inn affordable housing project. Said Building Permit submittal for Phase I shall be made no later than 1unc 24, 2002. � Comment.• es�? 4P intends to submit for recordation of the Bavarian Inn Subdivision PUD on or about, une 30, 2002. ■ The change is from 'issuance "to "submittal" of a Building permit. 4P will commit to submit for u building -permit for Phase 1 no later than June 24, 2002. Because the submission-lor a Building Permit triggersBeeline that requires construction and completid6the structures, we feel this gives the Q adequate assurances that Phase 1 will be built and completed, • As a building permit-lbrPhase 2 (Parcel 1) will be delayed while we process the requested chance to build a new structure, we are asking to remove this element firm the process. ■ 4P will commit to submit a complete package to the Cit4- fbr building permit(s) on Phase 2 within 90 daysof recordation. ■ new one. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment. We were requested to change this from "Certificate of Occupancy" to `Final Inspection " by the City, and are happy to do it. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. No change requested. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Change to: a) Building Permit Application — Phase 1: A building permit for Phase 1 (Parcel 2) shall be \ applied for no later than June 24, 2002. ba) Building Permit Application Phase 2: A building permit for Phase 2 (Parcel 1, shall be applie�Ww ithin ninety (90) days after recordation of amended PUD document that reflects Phase 2 approval. doe eats. Submittal prior to recordation is acceptable. Comment: As recordation will be delayed while the new BI is processed we are requesting the ability to get Phase 1 going as soon as possible, by not having to delay submittals while that change is processed. This allows us to speed up the process on Phase 1. Ni3entc) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Change to.—_bc) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31 st then commencement shall begin no later than by May 1st of that year. Comment. • As the .Bavarian is proposed to be built in two phases to accommodate the approval of the new building we would like the mom to move forward on Phase 1 while Phase 2 is being reviewed by the City. Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. No requested changes Also, for your information, below is a quick summary of the Bavarian schedule as we see it today: ■ Asbestos removal on existing BI: completed ■ Demolition permit application (Phase 1): submitted. ■ Complete fencing of project: completed ■ Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ■ Building permit application for Phase 1 of BI no later than I unc ). Commencement and completion of construction as required above. We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC Scott Writer, Manager MEMORANDUM To: Mayor and City Council Thru: Julie Ann Woods, Community Development Director From: Fred Jarman, Planner Date: May 13, 2002 Re: Ordinance Amending Aspen Mountain PUD Development Dates -- ("Section M Amendment") - First Reading Summary Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval from the City Council to amend the Section M Amendments for the Aspen Mountain PUD (hereinafter "AMPUD"). The purpose of the amendment is to alter permit application, construction, and certificate of occupancy dates for the three projects, due to a pending lawsuit and a proposed amendment to the Bavarian Inn affordable housing PUD. Staff recommends the City Council approve the requested changes with conditions. Background The Section M Amendments are a formal part of the AMPUD approvals. The Section M Amendments outline the demolition, permit application, construction, and certificate of occupancy dates regarding development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand Aspen" site), and the Bavarian Inn affordable housing project. Grand Aspen Lodging, LLC would7 like to amend the Section M Amendments due to two primary reasons: A) Immediately following approval for Lot 5 of AMPUD, Four Peaks Development has been engaged in a lawsuit which has made it difficult to achieve construction financing which may impact the timing on the approved development schedule for the Grand Aspen project; and . B) Following extensive investigations of the existing Bavariah Inn structure, Four Peaks Development determined that it is preferable to demolish the Bavarian Inn and rebuild rather than conducting extensive remodeling of the existing Bavarian Inn. Due to this realization, Four Peaks Development recently submitted a land use application to the City to gain approval to replace the exiting Bavarian Inn with a new structure. Four Peaks Development requests to move forward with the construction of all of the other three buildings in the Bavarian Inn project while the City processes the proposal for the new Bavarian Inn. This element of the development will be referred to as "Phase 1" of the project and includes the four units in "Building W", the five units in "Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan (attached as Exhibit 4). Phase 2 refers to the new Bavarian Inn building. Discussion Specifically, the requested amendments are due to potential construction timing impacts that may result from a pending lawsuit and a proposed PUD Amendment to the Bavarian Inn affordable housing project. Staff has provided the current and binding Section M Amendment language below with the modifications proposed by the Applicant. Language to be deleted has been indicated by being strislem- th-r- . Language to be added has been underlined. Additional comments by Staff for the analysis of this request are provided in italics following each provision. Lastly, Staff has provided a recommended action to City Council for each request below. CPetinn 1 1. Lot 5, Grand Aspen Hotel site a} Demolitie*-T m-e-AT.-.tabte�;--GTo��mmer-corment r to ocour-can e--before--Aprif--1-6,- -2-G04--with t�m��pl��ett�i77t/"zrZ o lateetfii'kii —duly 31, t2001 An initioi meeting shah nPniir^ F1�P^i'l:I1@@ dQ Rttliittt , -melit-ien process. [Four Peaks Development would prefer to delete this language because the demolition has been completed.] ➢ Staff Recommendation to City Council on this request: Approve request. b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [Four Peaks Development was able to submit building plans for review at the request of the City's Building Department prior to recordation because of additional time it may take to review the plans. Four Peaks would like to add language that allows submission of the building permit application, prior to the recordation of all final AMPUD documents. Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issues until all the PUD documentation has been recorded.] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. c) Certificate of Occupancy: Within thirty (30) months after commencement of constructioni-s„-an^A of a building permit, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. [The lawsuit is impacting Four Peaks Development's ability to get construction financing so 2 they cannot exactly predict when project commencement will occur. They indicate that they are still able to meet the 30-month construction time line. In addition, Staff would like to include language that requires the City's Chief Building Official to determine to his satisfaction when certificate of occupancy is ready to be issued.] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [Again, as with the Grand Aspen, Four Peaks Development was able to submit building plans for review at the request of the City's Building Department prior to recordation because of the additional time it may take to review the plans. Four Peaks would like to add language that allows submission of the building permit prior to the recordation of all final AMPUD documents. Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issued until all the PUD documentation has been recorded. ] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the submission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. [Phase 2 is the new Bavarian — and that element is guaranteed with its linkage to the Final Inspection at the Grand Aspen. Staff understands the request to break up the Bavarian Inn project into two phases, but remains concerned that even the current language in the Section M Amendments is vague regarding the tie of the completion of the Bavarian to any development activity on Lot 3. As a result, Staff recommends that the language regarding issuance of a building permit remain as opposed to submission for a permit as requested by the Applicant.] ➢ Staff Recommendation to City Council on this request: Deny request & keep currently adopted language modified to reflect the separation of the Bavarian into Phase I and II. c) Ce"*'fi^"*e of Ottupnnc-y—Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Or, if accepted by City, payment of in lieu fees or approval of an acceptable offsite location. Staff requested this change in language from 'CO" to "Final Inspection " because COs are a function of financing. More specifically, if a 3 purchaser does not need financing and pays cash for the free market units, they would not need a CO. Therefore; the Final Inspection will be the trigger, as all projects require a final inspection. Secondly, Staff does not recommend City Council approve this request for the payment of cash -in -lieu instead of constructing the affordable housing on parcel 2. This would represent a dramatic change from what has been represented to City Council as part of their approvals for the Top of Mill portion of AMPUD. 4 Peaks Development may request and apply for an amendment to the approved PUD to more properly address this request.] ➢ Staff Recommendation to City Council on this request: Deny request, keep currently adopted language, and recommend the Applicant pursue a PUD Amendment to address the issue. d) Final Inspection for the Duplex Free Market Units on Parcels 3, and the Songio_ Par -eels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. [There is no real change in this language; the fact that only a duplex can be constructed on Parcel 3, and single-family dwellings can be developed on lots 4-8 has already been represented in the application. Further, the owners of those lots are required to mitigate for AH]. ➢ Staff Recommendation to City Council on this request: Approve request. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. [As recordation will be delayed while the new Bavarian Inn is processed, Four Peaks Development would like the ability to get Phase 1 going as soon as possible. Again, Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issued until all the PUD documentation has been recorded.] ➢ Staff Recommendation to City Council on this request: Approve request. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 st then commencement shall begin no later than by May 1 st of that year. [The Applicant would like to move forward with Phase 1 of the Bavarian Inn affordable housing project while the City reviews the proposed amendment to the Bavarian Inn PUD in order to demolish and reconstruct a new 4 Bavarian Inn structure. The Applicant has submitted the application requesting to amend the Bavarian Inn PUD and is scheduled for review by the Planning and Zoning Commission on May 21 st ➢ Staff Recommendation to City Council on this request: Approve request. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. [Staff would like this language to be amended to include "and upon approval of the Chief Building Official. "] ➢ Staff Recommendation to City Council on this request: Approve request as amended Additional Staff Comments: Staff s main concern regarding modifications to the Section M Amendments is that the commitment made by Four Peaks Development to complete the Bavarian Inn affordable housing project continues to be memorialized and honored. More importantly, the intent of the Bavarian Affordable Housing project concept was not only as mitigation for the Grand Aspen Hotel, but also the result of a commitment made by the previous owner, Savanah, to satisfy, in part, the commitment to provide to the community additional affordable housing as part of the vote for the Ritz Carleton approval. These proposed amendments recognize that Savanah / Four Peaks Development met the provision requiring the demolition of the old Grand Aspen Hotel. These proposed amendments also continue to tie the completion of the Bavarian Inn affordable housing project to the completion of the new Grand Aspen project. Lastly, these proposed amendments break up the construction of the Bavarian Inn into two phases so that work may begin on the smaller buildings while the main Bavarian Inn structure returns to the City Council for review of its demolition to allow a new structure to be built in its place. Staff finds while these proposed amendments do not significantly jeopardize the commitment made to the City of Aspen by Four Peaks Development to complete the Bavarian Inn affordable housing project in conjunction with Lot 5, Staff remains concerned that if the new Grand Aspen is never realized, then the Bavarian Inn project would never be completed. Further, Staff finds the currently adopted Section M Amendments contain language that is vague regarding Lot 3 in connection to the Bavarian Inn project, but is more restrictive than the proposed language submitted by the Applicant. Staff recommends the existing language remains unchanged. Staff Recommendation Staff recommends City Council approve amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the conditions stated herein. 5 Recommended Motion: "I move to approve Ordinance No. 1��, Series of 2002, amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the conditions stated herein." City Manager Comments Attachments: Exhibit 1: Current Section M Amendments Exhibit 2: Ordinance No. 53, Series of 2000 Exhibit 3: Applicant's Petition Exhibit 4: Bavarian Subdivision / PUD Plan 2 ORDINANCE No. (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES THEREBY AMENDING THE SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit Development /Subdivision Agreement for the Aspen Mountain Subdivision; and, WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5); and, WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance #38, Series of 1999, and Ordinance #53, Series of 2000); and, WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, submitted a written petition on April 26, 2002 to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule and some language modifications; and, WHEREAS, Four Peaks Development has provided in said petitions a rationale and justification for the requested Section M amendments, and, WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah (owner of Lot 3 and Lot 5 prior to Grand Aspen Lodging, LLC) met the demolition permit application submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and, WHEREAS, the applicant has requested to extend the construction deadlines to be more in keeping with Four Peaks Development's projected construction timelines; and, WHEREAS, because of potential construction timing impacts that may result from a pending lawsuit (a circumstance beyond the control of the applicant), and a proposed PUD Amendment to the Bavarian Inn affordable housing project, City Council finds it appropriate to extend construction and other related development dates; and, WHEREAS, the City of Aspen City Council, by a vote of to L — —), approves an amendment to the Section M Amendments of the First Amended and Restated 7 Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The Aspen City Council does hereby amend the Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to include the following "Whereas" statements: WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and, WHEREAS, Four Peaks Development met the required demolition timetable for the former Grand Aspen Hotel as stated in the Section M Amendments; and, WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four Peaks Development determined that it is preferable to demolish the existing Bavarian Inn and rebuild on the existing foundation; and, WHEREAS, Four Peaks Development has submitted a Land Use application in April, 2002 to the City to gain approval to replace the exiting Bavarian Inn with a new structure; and, WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new Bavarian Inn is processed by the City. "Phase 1" of the project will include the four units in "Building W", the five units in "Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new Bavarian Inn building. Cpctinn 2 The Aspen City Council does hereby amend the construction schedule deadlines as set forth in Section A 2 of the PUD Agreement, and as previously amended by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. 8 b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the issuance of a building permit for Phase 1 of the Bavarian Inn affordable housing project. c) Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. d) Final Inspection for the Free Market Units on Parcels 3, 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 s`, then commencement shall begin no later than by May 1 st of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. Section 3 The amendments as provided in Section 1 of this ordinance shall be reflected in a written amendment document approved by the City Attorney between the City of Aspen and Four Peaks Development which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. L Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6 A public hearing on the ordinance shall be held on the 10`h day of June, 2002, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days prior to said hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13`h day of May, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed, and approved this 10`h day of June, 2002. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor 10 NOV-22-2000 WED 09:28 Aft rHA Nu. r. ue; 1 y ,a -MENDED REQUEST FOR SECTION M AMENDMENT TO ASPEN MOUNTAIN P(1D Submitted by Savanah Limited Partnership November 16, 2000 EXHIBIT 10 This request to amend certain construction and other dates contained in the Aspen Mountain PUD (the PUD), and in Ordinance 38 of 1999, is made pursuant to Section M of the PUD. Savanah Limited Partnership and the City of Aspcn have been engaged in the approval process for the final parcels contained in the PUD, Lots 3 (Top of the Mill) and 5 (the Grand Aspen Flotel) and the Bavarian Inn for many months. Separate from that review process but related to it, Savanah and the City have agreed upon a number of dates from time to time that relate to how and when those three parcels would be processed. approved and built. The most recent agreement on those dates is contained in Ordinance 38 of 1999. When those dates were agreed to in September of 1999, both Savanah and the City had to estimate when conceptual and final approvals for the three sites would be received. Given that estimate, other dates were then established for various building permits, certificates Of occupancy, etc. on the three parcels. Conceptual approvals for all three sites were received on December 6, 1999. Under the Aspen land use code, Savanah has until one year after that date, i.e., December 6, 2000, to submit the final applications for each site. Given the complexity of the architectural and engineering work required for each final submission, Savanah will not be submitting the final approval applications until, or just before, December 6, 2000. Now that the final submission dates are more accurately predicted, it can also be estimated that final approvals will not likely be received until sometime in the fall of 200I. This being the case, all of the dates contained in Ordinance 38, with the exception of the Grand Aspen demolition date, arc unattainable by a wide margin. It should also be noted that each of the properties in question are tinder contract for sale by Savariah. However, due to the unpredictability of any such transaction, Savartah has been proceeding with all its various development consultants to process and prepare the final applications with all appropriate priority to meet the December 2000 deadlines. NUV-2z-L000 WLU Uy;zd H11 • r Hr, NU. r. I u/ 1 4 • I. Section 1_ of the PUD, Reconstruction Crcdits 2. Section L of the PUD contains provisions relatin Deadlines for using them have been extended throughoutg to the tlse tl eo process sinruction credits. such time as it becomes clear on how they mid=ht be implemenpted. The j1ot the PUD, until were extended was in 1998 through Ordinance S. All reconstruction credits associated with Lots3 and 5 were extended in that Ordinance until one (1) year from the date of issuance of the demolition permit for the Grand Aspen Hotel. Now that we have a much more accurate understanding ovarious will be approved and then constructed, we are hereby equ sting►thatall r maipnrope . g Hies reconstruction credits in the PUD be extended for five years after the date of final approvals for Lots 3 and 5. This is consistent with the existing land use code that allows lengthy approval pro for reconstruction within five years of demolition of the units. Given the complex and cess needed to determine how these credits could be used, it is reasonable to treat the credits as requested. we think lI. Grand Aspen Demolition Permit Date, The PUD stipulates that if the demolition of the Grand Aspen were to fall in the ski season, then it can be postponed until after that season. Since obtaining the demolition permit b October 1 the current requirement of Period, Savanah and the City have agreed that the 0demoli-d plltion w llace t e demo] ot commteocc that after the lifts close in April 2001. (See attached Ictter from Julie Ann Woods of September 25, 2000) Nonetheless, in order to meet the requirement of obtaining Savanah submitted a complete demolition permit applicaion thro ghthettion itss demolition contractor to the Aspen Building Department the week of September 18, 2000. The processing of the permit took a number of weeks to complete and by October 30, 2000 all requirements, except for one, for the issuance of the permit had been met. The only outstanding matter is the asbestos abatement that must be State before a demoliticompleted and certified by the on permit can be issued. Since it is possible that work may not take place until April of 200I as part of the overall demolition, the permit will not actually be issued until that time. Accordingly, Savanah is requesting ail extension of the requirement to obtain the pen -nit until the spring of2001. Please sec the attached letter from the City Of November 16, 2000 on this subject. Ill. Other Dates: Now that the various site development plans are more precisely defined due to the conceptual approvals, more accurate building and construction dates can be estimated. c i i 1 NUV-22-2000 WEU UU : Cy Hf1 r HA INU. • • 3. Titus, the following proposed dates for building permit applications, commencing construction and certificates of occupancy a Ordinance 38. re more specific than those dates found in Several items should be noted about these proposed dates. First, the total construction time for each parcel is the same as that used in Ordinance 38. Second, all affordable housing will continue to be built (certificate of occupancy) or obligations met (cash in lieu, etc.) concurrent with or before all free market units receive their final inspection. The specific requested dates for Lots 3 and 5 and the Bavarian are as follows. 1. Lot 5, Grand Aspen Hotel Site a) Demolition Permit: No later than the spring of2001 as per the attached letter from the City b) Demolition Time Table Commence asbestos abatement work no later than April 16, 2001, with demolition to be completed no later than July 31, 2001. c) Building Permit Application Within one hundred and eighty (180) days after the recordation of all final PUD documents. d) Certificate of Occupancy Within thirty (30) months after issuance ofbuilding rmi than the receipt of a certificate of occupancy for the Bavarian Inn pro)tt' but no sooner 2. Lot 3, Top orMill a) Permit Application(s) for Infrastructure and Iternoval of Fill Material Submit said application(s) within thirty (30) days after recordaton of all Final PUID documents. i b) Building Permit Applications NOV-2[-2000 WED Uy:Ly H11 rtin nu. • r, a 14 0 At owner's discretion, but no sooner than the issuance ofa building permit for the Bavarian Inn affordable housing project. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units No sooner than the receipt of a certificate of occupancy fo affordable housing units. r the Parcel 2 d) Certificates of Occupancy for the Duplex Frec Market Unit on Parcel 3 and the Single Family Free Market Units on Parcels 4, 5, 6, 7 and S. No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the appli fce. cable affordable housing impact 3. Bavarian Inn Affordable Housing Project a) Building Permit Application documents Within ninety (90) days after recordation of all final PUD Bavarian Inn b) Commence Construction Within thirty (30) days after receipt of building er Inn project but no sooner than the recordation of all final PUD documents for Lots 3a and 5. However, should such date fall between December 1 and March 31, may commence as late as May 1 of that year. then construction 1 i r C) Certificate of Occupancy r Within eighteen 18 g ( ) months of commencement of construction as set Forth in paragraph (b) above. t' Given what we know today about the likely final approval timetable, Savanah is confident these dates are realistic and achievable. Thus, before the City Council we respectfully request a hearing to consider all these matters. Thank you. t ORDINANCE # 53 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES AND RECONSTRUCTION CREDITS THEREBY AMENDING SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision, and WHEREAS, the Agreement defined a construciion schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the reconstruction credits would expire, and WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998 and Ordinance #38, Series of 1999); and WHEREAS, Savanah Limited Liability Partnership ("Savannah") submitted a written petition on September 26, 2000, amended October 11, 2000, and November 16, 2000, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific i extensions in the construction schedule and reconstruction credit dates; and WHEREAS, Savanah has provided in said petitions a rationale and justification for the requested Section L and Section M amendments, and IIIIII III1I 111111 IIIIII 111111111 Illill III 111111111 III 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah has met the demolition permit application submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and WHEREAS, the applicant has requested to extend the constriction deadlines and reconstruction credits to be more in keeping with Savannah's projected development review process, PUD approval timelines of the City and the projected construction timelines; and WHEREAS, Savannah submitted a "Conceptual PUD Development Plan/ Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and the Bavarian Inn site and received conceptual approval from the City Council for all three development sites on December 6, 1999 and Savannah has indicated their intention to submit final applications for these sites by the deadline of December 6, 2000, requiring detailed engineering and architectural plan submissions; and WHEREAS, because of the length of the PUD review process and the necessity of extensive public review (a circumstance beyond the control of the applicant), Citv Council finds it appropriate to extend construction and other related development dates and reconstruction credit dates, and WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 11111111111111111111111111111111111111111 IIJ 1111111 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO Section 1 The Aspen City Council does hereby amend Savannah's construction schedule deadlines as set forth in Section A 2 of the PUD Agreement, and as previously amended by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000, to discuss the demolition process. b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. �> U 2. Lot 3, Top of Mill z > a) Permit Applications for Infrastructure and Removal of Fill Material: _ Z o Submit application(s) within thirty (30) days after recordation of all final Aspen ¢ N Mountain PUD documents. = zd M = o m b) Building Permit Applications: m At owner's discretion, but no sooner than the issuance of a building permit for the .� Q Bavarian Inn affordable housing project. ..m c a oc) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: .�. No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable CA m ,m 0� : housing units. � N d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the .. Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. • I I"III "III "III' I'II'I'� II" III"I III "III'I'I I"I 415 01/11/2001 08:41A ORDINANC DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December I" to March 31' then commencement shall begin no later than by May I" of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b, above. Section 2: The Aspen City Council does hereby amend Section L of the PUD Agreement to grant an extension of the usage for the reconstruction credits as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD. These credits shall not confer any exemption from the affordable housing requirements as may be identified during the approval process." Section 3: The amendments as provided in Section 1 and Section 2 of this ordinance shall be reflected in a written amendment document approved by the City Attorney between the City of Aspen and Savannah Limited Partnership which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances 0 C J • repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the ordinance shall be held on the 11 th day of December, 2000, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days prior to said hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of November, 2000. S hel E. Richards, ATTIE�T: . etl2z!P�� i�- °Katbry.n S. nch, City Clerk FINALLY adopted, passed, and approved this 11 `h day of December, 2000. " -A, ATTEST:-e a� x ia� 2, z2 W;I lixxn�s. och, City Clerk s chel E. Richards, Mayo 111111111.111 "III1111111111111111111111111111 fill 1111 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 5 0 AMENDMENT TO THE FIRST AMEP TDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION THIS AMENDMENT to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision ("PUD Agreement"), being entered into between the City of Aspen, Colorado ("City") and Savanah Limited Partnership ("Savanah" or "Owner") on this 5th day off „ , provides as follows: ...a,.nuary, 2001 RECITA 7.,S WHEREAS, Savanah submitted a written petition on September 26, 2000, amended October 11, 2000 and November 16, 2000, to the Comm -,pity Development Director for City Council action pursuant to Section M of the PUD Agreement seeking certain specific extensions in the consuruction schedule and reconstruction credit dates; and WHEREAS, hearings were conducted before the C.i Y Council on November 27, 2000 and December 11. 2000, during which Savanah successfully demonstrated the reasons necessitating the extensions in the existine, construction schedule and reconstntction credit dates; and WHEREAS. Section M of the PUD Agreement z r iidiorizes extension of the time periods for construction schedules upon a proper showing; and WHEREAS, Section 0(6) of the PUD Agreemen: authorizes amendments to the PUD Agreement by Ivritten instrument executed by the parties ibereto. NOW THEREFORE, in consideration of the mutual covenants as contained herein, it is Jri agreed that the provisions hereinbelow shall amend the PUD Agreement as follows: b Fes-• Savanah's construction schedule deadlines as set forth in Section A2 of the PUD «. o .mac z Agreement, and as previously amended by those Section M amendments executed in June 1990, —�j� ~ June 1991, August 1992, October 1992, February 1993, J.me 1995, February 1998, March 1998 ` and September 1999, arc hereby further amended to prow cie as follows: Cr + Cl m m A. Lot 5, Grand Aspen Hotel Site m �? Z i) Demolition Time Table: cc � •m .� m m Commencement to occur on or before April 16, 2001 with completion no later than July 31. 2001. An' itial meeting shall occur between Savanah and the adjacent neighbors by January 3], 2001 to discuss the demolition process. ii) Building permit Application Submissiot: In Within one hundred and eighty (180) days after recordation of all final Aspen h � - 1 (1 %7 n i r . . .. .. No Mountain PUD documents. iii) Certificate of Occupancy: Within thirty (30) months after issuance of a building pennit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. B. Lot 3, Top of Mill i) Permit Applications for Infrastructure and Removal of Fill Material: Submit applications) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. ii) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. iii) Certificate of Occupancy for the Parcel f Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units iv) Final Inspection for the Duplex Free M.—Lr.ket Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate- of occupancy for an on -site accessory dwelling unit or upon the payment of the-:odplicable affordable housing impact fee. C. Bavarian Inn Affordable Housing Project i) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing project PUD documents. ii) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project, but no sooner than the recordation of all final Aspen Mountain PUD documents for Lots 3 and 5. However, should said permit fall within the months of December I" to March 31 ", then the commencement shall begin no later than May 1"of that year. iii) Certificate of Occupancy: Within eighteen (13) months of the date of commencement of construction as set forth in paragraph b above_ IIIIII IIIII IIIIII Illill tlll! Iilllillll III IIII! �III11lI 450416 01/11/2001 08:42A PUD AGRE DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 9/c d tOH 'ON WbC, 0l IOOl 'rl. 'Ndr STATE OF COLORADO ) County of Pitkin ) ss. The foregoing instrument was acknowledged be#ore me this day of des - �Q17 by Rachel E. Richards, as Mayor, and Katheryn S. Koch, as City Clerk, of the City of Aspen, Colorado. .* WITNESS MY HAND AND OFFICIAL SEAL My K?%tCNF ; S STATE OF ss. County of ) 9 o ary 14 Pub Address The foregoing instrument was acknowledged betbre me this day by Tarek Ayoubi, president of Aspen Enterprises InterraLional, Inc., general p *-nerf Savannah �! Limited Partnership. FITNESS MY I•IAND AND OFFI My commission expires: Address 111111111111111111111111111111111111111111111111IN 450416 01/11/2001 08:41A PUD AGRE DAYIS SILVI S of 6 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 'i* 5 9/9 'A / 0h� 'ON 1A1u+,1) ' A I inn? r7 •A1u(I �l • APPROVED AS TO FORM: Attorney For S anah Limited Partnership SAVANAH LIMITED PARTNERSHIP By: _ Tarek Avoubi President Aspen .:nterprises International, Inc. General Partner [Acknowledgments On Next Page] 111111111111111111111111111111111111111 ill 11111 IT 1111 450416 01/11/2001 08:41A PUD AGRE DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO :* 0 4!� d L060 'ON NVE011 10H U Nvr 2. Section L of the PUD Agreement is amended to provide as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD for Lots 3 and 5. These credits shall not confer any exemption from affordable housing requirements as may be identified during the approval process." 3. All other terms and conditions of the PUD Agreement and the previous Section M amendments, not inconsistent or superseded by this amendment, shall remain in full force and effect. 4. This amendment document shall be promptly recorded in the records of the Pitkin County Clerk and Recorder's office. IN WITNESS WHEREOF, the parties have hereunto set their signatures on the day and year as first written above. THE CITY OF ASPEN By. Rac el , Richards, Ma r ATTEST: City Clerk APPROVED AS TO FORM: �Z�GI A I o ey fill, filq III,,, 3 0426 41 01/11/2001 0841: oP 3 R A 2�PUD AGAGREEDnVISI I L _00_p @� 00 N _0- 00 PITKIN COUNTYCO [Signatures Continued On Next Page] .�s 3 a /+ ,J / 1)�C 'nhl —jrn - n 1 1117 .11 .1,.,- F O U R P E A K S D E VV E L O P M N T qP� �Fo Flo April 26, 2002 FiyT City of Aspen - Department of Community Development C/o Fred Jarman 301 South Galena Street Aspen, Colorado 81611 Dear Fred: 1000 south Mill St Aspen CO, 81611 Phone: 970-925-21 14 Fax: 970-92 5-1036 Please accept this letter as our formal request to amend the Section M amendments currently reflected in Ordinance 53 Series 2000. The reasons for this request include: 1) Our discovery that the existing Bavarian Inn is a worthless pile of junk and that all concerned benefit by us building a new one in its place. Current arrangements contemplate a remodel of the existing building and we would prefer to hand over a new structure than a remodeled old one - from here on this element of the Bavarian project will be referred to as "Phase 2". Phase 1 is the other town home units in the project and we are proceeding with preparing and submitting for building permits on this element as. soon as possible. The project has been fenced, the old cabins given away, and the demolition permit is applied for. Application for the change to allow a new building has been made to the City. We won't demolish the existing Bavarian until the City approves our requested change to the PUD approval, and that requires some time. Many of the neighbors asked if we could take the existing building down so we expect strong support from the neighbors on this. This delay to process the new BI is driving most of the issues associated with our requested changes, 2) Technical corrections should be made to the current Section M agreements to reflect an update on the project and wording changes, and 3) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction financing for the project. The Following is a presentation of the existing Section M language (in bold text) followed by our requested language (in standard text) and then detail as to the reason for the request (in italic text). We -would request that the follow facts be added to the agreement: Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P"), purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and Whereas, after ded investigation into remodeling the e'g Bavarian Inn ("BI") 4P has determined that it is pre le to demolish the existing BI and rebui d on the existing foundation; and Whereas, 4P has submitted a Land Use application dated April 2002 to the City to gain approval to replace the exiting BI with a new structure; and Whereas, 4P wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new BI is processed by the City. This element of the development will be referred to as "Phase 1" of the project and include the four units in "Building W", the five units in "Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI building. Below are our requested changes to Section 1: Section 1: 1. Lot 5: a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000 to discuss the demolition process. Comment: As the building has been demolished this paragraph should be deleted b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment• The building depa7tment wanted to get started on the revu.w of the project immedi,a xV as the recordation has not yet occurred we felt it important to add the flexibility to submit prior to recordation. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. Comment: The Galena Place lawsuit is impacting curability to get construction financingso I can't predict when our start will occur. I can stick to the 30 month time line once construction commences. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Wit Applications for Infrastructure a0emoval of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment• The goal here is to get us to do this within 30 days of recordation. All we are asking forhere is for the ability to apply before recordation. Permits for Tree removal, fenangand demolition arealready in place. b) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the submission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. Comment: The changeisfrom "issuance"to submittal"ofaBuildingpermit AsabuildingpermitforPhase 2 (the new Bavarian) will be delayed while we process the requested change to build a new structure The submission ofa building permit application on Phase 1, combined with theguarantees associated with the CO of the Grand Aspen being held u p by the Bavaruin (broth phase)we believe gives the City adequate assurance that we will build the Bavarian. We just have to do this in 2 phases because we want to do the new building anti hope the process will allow us to do so. Without this requested change constnuctinga new building, instead of remodeling the old building, is problematicat best. We believe it is in everyone's best interest to tear dm m the old inn and builda new one. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment• We were requested to change this from "Certificate of Occupancy"to "Finallnspection "by the City, and are happy to do it. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. No change requested 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Change to: a) Building Permit Application: Within Winery (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. Comment. -As reco*n will be delayed while the nets BI is proc*e are requesting the ability to get Phase I going as soon as possible, by not having to delay submittals while that change is processed. This allows us to speed up the process on Phase 1. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Change to: b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Comment: As theBavarian is proposed to be built in two phases to accommodate the approval of the new building we would like the room to move forward on Phase 1 whilePhase 2 is being reviewed by the City. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. No requested changes Also, for your information, below is a quick summary of the Bavarian schedule as we see it today: ■ Asbestos removal on existing BI: completed ■ Demolition permit application (Phase 1): submitted. • Complete fencing of project: completed ■ Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ■ Building permit application for Phase 1 of BI no later than May 31(hopefully by May 15 - but I am building in a cushion here). Commencement and completion of construction as required above. We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC Scott Writer, Manager F(=1Oi4✓ 5.0" _ St7 "cx • ,1=100.i I NEW - SIRfEr LJQlT NOrf SIOEWAIK AND CURB AND CUrim ON nil' IN/N STREET fRcwrAGE ARE PRaimARRY PENDING ME RE-DCSICN Of .IN/N SMEfr BY PAC OTY Of ASPEN AND CDOr. J.J" SEr&ICK Nt N — SrRffr DOW IYEST MAIN STREET lei i OCA rf S1Rrfr I/O/r 5 0' lY t /Nf 4 W 2 a o: � W Sf/r11CK 20..19" 6.1" _ SfrEOCK GRAPHIC SCALE ( IN R1T ( I wit, - zu' Il PI.00K 18 R SCHMUESER GORDON MEYER IIS W 6TT1 STREET, SUFFE 200 GLENWOOD SPRINGS, COLORADO 6 1 601 (97)4-1004 ASPON,eCOSORADO (970)(9205-67275948 E mWt: enphsw��gmhc mm BA VARIAN INN SUBDIVISION / PUD "ofe + CNfl- RY FIN" P UD DEVEMPAIENT PLAN ee �• a /a. - i�9✓o77�?� / ems;• /wv S✓✓� � �f �ti f I `L'D y�r 3 Ll • MEMORANDUM To: Mayor and City Council Thru: Julie Ann Woods, Community Development Director From: Fred Jarman, Planner Date: May 13, 2002 Re: Ordinance Amending Aspen Mountain PUD Development Dates -- ("Section M Amendment") - First Readin„ Summary Grand Aspen Lodging, LLC, represented by Four Peaks Development, is requesting approval from the City Council to amend the Section M Amendments for the Aspen Mountain PUD (hereinafter "AMPUD"). The purpose of the amendment is to alter permit application, construction, and certificate of occupancy dates for the three projects, due to a pending lawsuit and a proposed amendment to the Bavarian Inn affordable housing PUD. Staff recommends the City Council approve the requested changes with conditions. Background The Section M Amendments are a formal part of the AMPUD approvals. The Section M Amendments outline the demolition, permit application, construction, and certificate of occupancy dates regarding development on Lot 3 (aka "Top of Mill" site), Lot 5 (aka "Grand Aspen" site), and the Bavarian Inn affordable housing project. Grand Aspen Lodging, LLC would like to amend the Section M Amendments due to two primary reasons: A) Immediately following approval for Lot 5 of AMPUD, Four Peaks Development has been engaged in a lawsuit which has made it difficult to achieve construction financing which may impact the timing on the approved development schedule for the Grand Aspen project; and B) Following extensive investigations of the existing Bavarian Inn structure, Four Peaks Development determined that it is preferable to demolish the Bavarian Inn and rebuild rather than conducting extensive remodeling of the existing Bavarian Inn. Due to this realization, Four Peaks Development recently submitted a land use application to the City to gain approval to replace the exiting Bavarian Inn with a new structure. Four Peaks Development requests to move forward with the construction of all of the other three buildings in the Bavarian Inn project while the City processes the proposal for the new Bavarian Inn. This element of the development will be referred to as "Phase 1" of the project and includes the four units in `Building W", the five units in "Building S" and the two units in `Building N" as labeled on the Final PUD Development Plan (attached as Exhibit 4). Phase 2 refers to the new Bavarian Inn building. Discussion Specifically, the requested amendments are due to potential construction timing impacts that may result from a pending lawsuit and a proposed PUD Amendment to the Bavarian Inn affordable housing project. Staff has provided the current and binding Section M Amendment language below with the modifications proposed by the Applicant. Language to be deleted has been indicated by being st^^'-a-^ *11-r- h. Language to be added has been underlined. Additional comments by Staff for the analysis of this request are provided in italics following each provision. Lastly, Staff has provided a recommended action to City Council for each request below. Section 1: 1. Lot 5, Grand Aspen Hotel site a)—Demolition-Time-Tab1e- e April-.6,, 2001with eamp,1eti0n-n,&-lat ntha n- 3u1yJ 3- 1. , 2-0a1:-A -ill-mee ng-s13a11-o �-bete Savannah-and--the--adjacent-neighbor-&--by wary--3-1; 22900-to-discuss-thg-dernelition proees& [Four Peaks Development would prefer to delete this language because the demolition has been completed.] ➢ Staff Recommendation to City Council on this request: Approve request. b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [Four Peaks Development was able to submit building plans for review at the request of the City's Building Department prior to recordation because of additional time it may take to review the plans. Four Peaks would like to add language that allows submission of the building permit application, prior to the recordation of all final AMPUD documents. Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issues until all the PUD documentation has been recorded.] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. c) Certificate of Occupancy: Within thirty (30) months after commencement of construction' ' , but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. (The lawsuit is impacting Four Peaks Development's ability to get construction financing so 2 they cannot exactly predict when project commencement will occur. They indicate that they are still able to meet the 30-month construction time line. In addition, Staff would like to include language that requires the City's Chief Building Official to determine to his satisfaction when certificate of occupancy is ready to be issued.] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [Again, as with the Grand Aspen, Four Peaks Development was able to submit building plans for review at the request of the City's Building Department prior to recordation because of the additional time it may take to review the plans. Four Peaks would like to add language that allows submission of the building permit prior to the recordation of all final AMPUD documents. Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issued until all the PUD documentation has been recorded.] ➢ Staff Recommendation to City Council on this request: Approve request with suggested changes. b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the anGe-afsubmission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. [Phase 2 is the new Bavarian — and that element is guaranteed with its linkage to the Final Inspection at the Grand Aspen. Staff understands the request to break up the Bavarian Inn project into two phases, but remains concerned that even the current language in the Section M Amendments is vague regarding the tie of the completion of the Bavarian to any development activity on Lot 3. As a result, Staff recommends that the language regarding issuance of a building permit remain as opposed to submission for a permit as requested by the Applicant.] ➢ Staff Recommendation to City Council on this request: Deny request & keep currently adopted language modified to reflect the separation of the Bavarian into Phase I and II. c) Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Or, if accepted by City, payment of in lieu fees or approval of an acceptable offsite location. [Staff requested this change in language from "CO" to "Final Inspection" because COs are a function of financing. More specifically, if a 9 purchaser does not need financing and pays cash for the free market units, they would not need a CO. Therefore; the Final Inspection will be the trigger, as all projects require a final inspection. Secondly, Staff does not recommend City Council approve this request for the payment of cash -in -lieu instead of constructing the affordable housing on parcel 2. This would represent a dramatic change from what has been represented to City Council as part of their approvals for the Top of Mill portion of AMPUD. 4 Peaks Development may request and apply for an amendment to the approved PUD to more properly address this request. j ➢ Staff Recommendation to City Council on this request: Deny request, keep currently adopted language, and recommend the Applicant pursue a PUD Amendment to address the issue. d) Final Inspection for the Duplex Free Market Units on Parcels 3, and the Single - Family ee Mark t rT�-omits onPareel-s 4, S, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. [There is no real change in this language; the fact that only a duplex can be constructed on Parcel 3, and single-family dwellings can be developed on lots 4-8 has already been represented in the application. Further, the owners of those lots are required to mitigate for AH]. Staff Recommendation to City Council on this request: Approve request. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. [As recordation will be delayed while the new Bavarian Inn is processed, Four Peaks Development would like the ability to get Phase 1 going as soon as possible. Again, Staff feels that any permit review is done at the Applicant's risk in that no permits shall be issued until all the PUD documentation has been recorded] :- Staff Recommendation to City Council on this request: Approve request. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 st then commencement shall begin no later than by May 1st of that year. [The Applicant would like to move forward with Phase 1 of the Bavarian Inn affordable housing project while the City reviews the proposed amendment to the Bavarian Inn PUD in order to demolish and reconstruct a new 4 Bavarian Inn structure. The Applicant has submitted the application requesting to amend the Bavarian Inn PUD and is scheduled for review by the Planning and Zoning Commission on May 21 st ➢ Staff Recommendation to City Council on this request: Approve request. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. [Staff would like this language to be amended to include "and upon approval of the Chief Building Official. "] ➢ Staff Recommendation to City Council on this request: Approve request as amended. Additional Staff Comments: Staff s main concern regarding modifications to the Section M Amendments is that the commitment made by Four Peaks Development to complete the Bavarian Inn affordable housing project continues to be memorialized and honored. More importantly, the intent of the Bavarian Affordable Housing project concept was not only as mitigation for the Grand Aspen Hotel, but also the result of a commitment made by the previous owner, Savanah, to satisfy, in part, the commitment to provide to the community additional affordable housing as part of the vote for the Ritz Carleton approval. These proposed amendments recognize that Savanah / Four Peaks Development met the provision requiring the demolition of the old Grand Aspen Hotel. These proposed amendments also continue to tie the completion of the Bavarian Inn affordable housing project to the completion of the new Grand Aspen project. Lastly, these proposed amendments break up the construction of the Bavarian Inn into two phases so that work may begin on the smaller buildings while the main Bavarian Inn structure returns to the City Council for review of its demolition to allow a new structure to be built in its place. Staff finds while these proposed amendments do not significantly jeopardize the commitment made to the City of Aspen by Four Peaks Development to complete the Bavarian Inn affordable housing project in conjunction with Lot 5, Staff remains concerned that if the new Grand Aspen is never realized, then the Bavarian Inn project would never be completed. Further, Staff finds the currently adopted Section M Amendments contain language that is vague regarding Lot 3 in connection to the Bavarian Inn project, but is more restrictive than the proposed language submitted by the Applicant. Staff recommends the existing language remains unchanged. Staff Recommendation Staff recommends City Council approve amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the conditions stated herein. F • • Recommended Motion: "I move to approve Ordinance No. _, Series of 2002, amending Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision with the conditions stated herein." City Manager Comments Attachments: Exhibit 1: Current Section M Amendments Exhibit 2: Ordinance No. 53, Series of 2000 Exhibit 3: Applicant's Petition Exhibit 4: Bavarian Subdivision / PUD Plan R ORDINANCE No. _ (SERIES OF 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES THEREBY AMENDING THE SECTION M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit Development /Subdivision Agreement for the Aspen Mountain Subdivision; and, WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5); and, WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998, Ordinance #38, Series of 1999, and Ordinance #53, Series of 2000); and, WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, submitted a written petition on April 26, 2002 to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule and some language modifications; and, WHEREAS, Four Peaks Development has provided in said petitions a rationale and justification for the requested Section M amendments, and, WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah (owner of Lot 3 and Lot 5 prior to. Grand Aspen Lodging, LLC) met the demolition permit application submission deadline of Octoer 1, 2000 for the demolition of the Grand Aspen Hotel; and, WHEREAS, the applicant has requested to extend the construction deadlines to be more in keeping with Four Peaks Development's projected construction timelines; and, WHEREAS, because of potential construction timing impacts that may result from a pending lawsuit (a circumstance beyond the control of the applicant), and a proposed PUD Amendment to the Bavarian Inn affordable housing project, City Council finds it appropriate to extend construction and other related development dates; and, WHEREAS, the City of Aspen City Council, by a vote of to L — —), approves an amendment to the Section M Amendments of the First Amended and Restated 7 Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 The Aspen City Council does hereby amend the Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to include the following "Whereas" statements: WHEREAS, Grand Aspen Lodging, LLC, represented by Four Peaks Development, purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and, WHEREAS, Four Peaks Development met the required demolition timetable for the former Grand Aspen Hotel as stated in the Section M Amendments; and, WHEREAS, after detailed investigation into remodeling the existing Bavarian Inn, Four Peaks Development determined that it is preferable to demolish the existing Bavarian Inn and rebuild on the existing foundation; and, WHEREAS, Four Peaks Development has submitted a Land Use application in April, 2002 to the City to gain approval to replace the exiting Bavarian Inn with a new structure; and, WHEREAS, Four Peaks Development wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new Bavarian Inn is processed by the City. "Phase 1" of the project will include the four units in "Building W", the five units in "Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new Bavarian Inn building. Section 2 The Aspen City Council does hereby amend the construction schedule deadlines as set forth in Section A 2 of the PUD Agreement, and as previously amended by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998, September, 1999, and December 2000 to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. 8 b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. 2. Lot 3, Top of Mill a) ermit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed: b) Building Permit Applications for Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the issuance of a building permit for Phase 1 of the Bavarian Inn affordable housing project. c) Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. d) Final Inspection for the Free Market Units on Parcels 3, 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 ", then commencement shall begin no later than by May 1 st of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. A certificate of occupancy will be issued upon satisfaction of the Chief Building Official. Se.e. inn I The amendments as provided in Section 1 of this ordinance shall be reflected in a written amendment document approved by the City Attorney between the City of Aspen and Four Peaks Development which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. E Section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5 This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6 A public hearing on the ordinance shall be held on the 10' day of June, 2002, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days prior to said hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13"' day of May, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY adopted, passed, and approved this 10' day of June, 2002. ATTEST: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor 10 NOV-22-2.000 WED 09:28 AM t HA NU. r. ul-i t y EXHIBIT 10 ,a -MENDED REQUEST FOR SECTION M AMENDMENT TO ASPEN MOUNTAIN PUD Submitted by Savanah Limited Partnership November 16, 2000 This request to amend certain construction and other dates contained in the Aspen Mountain PUD (the PUD), and in Ordinance 38 of 1999, is made pursuant to Section M of the PUD. Savanah Limited Partnership and the City of Aspen have been engaged in the approval Process for the final parcels contained in the PUD, Lots 3 (Top of the Nlill) and S (the Grand Aspen Hotel) and the Bavarian Inn for many months. Separate from that review process but related to it, Savanah and the City have agreed upon a number of dates from time to time that relate to how and when those three parcels would be processed. approved and built. The most recent agreement on those dates is contained in Ordinance 38 of 1999. When those dates were agreed to in September of 1999, both Savanah and the City had to estimate when conceptual and final approvals for the three sites would be received. Given that estimate, other dates were then established for various building permits, certificates of occupancy, etc. on the three parcels. Conceptual approvals for all three sites were received on December 6, 1999. Under the Aspen land use code, Savanah has until one year after that date, i.e., December 6, 2000, to submit the final applications for each site. Given the complexity of the architectural and engineering work required for each final submission, Savanah will not be submitting the Final approval applications until, or just before, December 6, 2000. Now that the final submission dates are more accurately predicted, it can also be estimated that final approvals will not likely be received until sometime in the fall of 200I. This being the case, all of the dates contained in Ordinance 38, with the exception of the Grand Aspen demolition date, arc unattainable by a wide margin. It should also be noted that each of the properties in question are under contract for salt: by Savanah. However, due to the unpredictability of any such transaction, Savanah has been proceeding with all its various development consultants to process and prepare the final applications with all appropriate priority to meet the December 2000 deadlines. NUV-��-2000 WEU Uy;eb Hn r, iu/ i4 2. I. Section L OF the PUD, Reconstruction Credits Section L of the PUD contains provisions relating to the use of reconstruction credits. Deadlines for using than have beets extended throughout the processing such time as it becomes clear on how the 'night b of the PUD, until were extended was in 1998 throueh Ordinance 8t be implemented. The last time they with Lots3 and S were extended in that Ordinance llltrl one credits associated issuance of the demolition permit for the Grand Aspen Hotel. year from the date of Now that we have a much more accurate understanding of how these various will be approved and then constructed, we are hereby requesting that all remaining properties reconstruction credits in the PUD be extended for five years after the date of final approvals for Lots 3 and S. This is consistent with the existing land use code that allows for reconstruction within five years of demolition of the units. Given the complex and lengthy approval process needed to determine how these credits could be used, it is reasonable to treat the credits as requested. we think R. Grand Aspen Demolition Permit Date - The PUD stipulates that if the demolition of the Grand Aspen were to fall in the ski season, then it can be postponed until after that season. Since the current requirement of obtaining the demolition permit b y October 1. Period, Savanah and the City have agreed that the 00demolitionl illpacetnotcornlition in that after the lifts close in April 200I. (See attached letter from Jule until September 25, 2000) ie Ann Woods of Nonetheless, in order to meet the requirement ofobtainin g then permit, Savanah submitted a complete demolition permit application throughttiits demolition contractor to the Aspen Building Department the week of September 18, 2000. The processing of the permit took a number of weeks to complete and by October 30, 2000 all requirements, except for one, for the issuance of the permit had been net. The only outstanding matter is the asbestos abatement that must be completed and certified by the State before a demolition permit can be issued. Since it is possible that work may not take place until April of 2001 as part of the overall demolition, the permit will not actually be issued until that time. Accordingly, Savanah is requesting an extension of the requirement to obtain the Penn it until the spring of 2001. Please see the attached letter from the City of November 16, 2000 on this subject. y III. Other Bates: Now that the various site development plans are more precisely defined due to the conceptual approvals, more accurate building and construction dates can be estimated. NUV-i 2-;ZUUU WEU Uy; Ly hf1 r HA NU. • t 3. Thus, the following proposed dates for building construction and certificates of occupancy are more spec ficermit lthan hose dat snfound in Ordinance 38. Several items should be noted about these proposed dates. First, the total construction time for each parer] is the same as that used in Ordinance 38. Second, all affordable housing will continue to be built (certificate of occupancy) or obligations met (cash in lieu, etc.) concurrent with or before all free market units receive their final inspection. The specific requested dates for Lots 3 and 5 and the Bavarian are as follows: Lot 5, Grand Aspen Hotel Site a) Demolition Permit: No later than the spring of'2001 as per the attached letter from the City b) Demolition Time Table Commence asbestos abatement work no later than April 16, 2001, with demolition to be completed no later than July 31, 2001. c) Building Permit Application Within one hundred and eighty (180) days after the recordation of all final PUD documents. d) Certificate of Occupancy Within thirty (30) months aver issuance ofbuilding than the receipt of a certificate of occupancy for the Bavarian Inn project. but no sooner 2. Lot 3, Top of Mill a) Permit Application(s) for Infrastructure and Removal of Fill Material Submit said application(s) within thirty (30) days after recordaton ofall final PUn documents. i b) Building Permit Applications NUV-2[-2000 WED Uy:Ly hn • r HA NU. 0 r, 'icu 14 At owner's discretion, but no sooner than the issuance ofa building permit for the Bavarian Inn affordable housing project. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units No sooner than the receipt of a certificate of occupancy for the Parcel 2 affurdahlc housing units. d) Certificates of Occupancy for the Duplex Free Market Unit on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and S. No sooner than the receipt of a certificate of occupancy for an on -site fCC. accessory dwelling unit or upon the payment of the applicable affordable housing impact 3. Bavarian Inn Affordable Housing Project a) Building Permit Application documents Within ninety (90) days after recordation of all final PUD Bavarian Inn b) Commence Construction Within thirty (30) days after receipt of buildingPermit Inn project but no sooner than the recordation of all final PUD documents forBavarLots 3a and 5. However, should such date fall between December I and March 31, then construction tnay commence as late as May I of that year. c) Ccrti Flcate of Occupancy Within eighteen (18) months of commencement of construct' Forth in paragraph (b) above. on as set Gtvcn wl)at we know today about the likely final approval timetable, Savanah is conFdent these dates are realistic and achievable. Thus, we respectfully request a hearin before the City Council to consider all these matters. Thank you. g 0 0 E7)t �- Z ORDINANCE # 53 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES AND RECONSTRUCTION CREDITS THEREBY AMENDING SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision, and WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the reconstruction credits would expire, and WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998 and Ordinance #38, Series of 1999); and WHEREAS, Savanah Limited Liability Partnership ("Savannah") submitted a written petition on September 26, 2000, amended October 11, 2000, and November 16, 2000, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific extensions in the construction schedule and reconstruction credit dates; and WHEREAS, Savanah has provided in said petitions a rationale and justification for the requested Section L and Section M amendments, and 1111111111111113 11111111111 IN 111111111111111111111 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 0 1 0 WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah has met the demolition permit application submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and WHEREAS, the applicant has requested to extend the construction deadlines and reconstruction credits to be more in keeping with Savannah's projected development review process, PUD approval timelines of the City and the projected construction timelines; and WHEREAS, Savannah submitted a "Conceptual PUD Development Plan/ Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and the Bavarian Inn site and received conceptual approval from the City Council for all three development sites on December 6, 1999 and Savannah has indicated their intention to submit final applications for these sites by the deadline of December 6, 2000, requiring detailed engineering and architectural plan submissions; and WHEREAS, because of the length of the PUD review process and the necessity of extensive public review (a circumstance beyond the control of the applicant), City Council finds it appropriate to extend construction and other related development dates and reconstruction credit dates, and WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1111111111111111111111111111111111111111111111111111111111111 415 01/11/2001 08:41A ORDINANC DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 Section 1 The Aspen City Council does hereby amend Savannah's construction schedule deadlines as set forth in Section A 2 of the PUD Agreement, and as previously amended by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000, to discuss the demolition process. b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. �> U -�. 2. Lot 3, Top of Mill _ a f- z 0 a) Permit Applications for Infrastructure and Removal of Fill Material: � o Z Submit application(s) within thirty (30) days after recordation of all final Aspen .�.. _ Mountain PUD documents. �_� M = o m b) Building Permit Applications: m At owner's discretion, but no sooner than the issuance of a building permit for the �q = Bavarian Inn affordable housing project. C6 m c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: � N No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable m �a housing units. N .4 Wd) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: MM—� No sooner than the receipt -of a certificate of occupancy for an on -site accessory �° dwelling unit or upon the payment of the applicable affordable housing impact fee. 111111111111111111111111 1111 1111111111111111 0 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 S` to March 31 then commencement shall begin no later than by May 1" of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b, above. Section 2: The Aspen City Council does hereby amend Section L of the PUD Agreement to grant an extension of the usage for the reconstruction credits as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD. These credits shall not confer any exemption from the affordable housing requirements as may be identified during the approval process." Section 3• The amendments as provided in Section 1 and Section 2 of this ordinance shall be reflected in a written amendment document approved by the City Attorney between the City of Aspen and Savannah Limited Partnership which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. Section 4• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5• 4 ` This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances 4 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• A public hearing on the ordinance shall be held on the 1 lth day of December, 2000, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days prior to said hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of November, 2000. i✓ \ F ,{ . �AT�TEtST: 0 .,,'Kathryn S.' o'ch, City Clerk 17 el E. Richards, M FINALLY adopted, passed, and approved this 11 `h day of December, 2000. R`ATTEST:�'�' '.`. w;LgiaII�s. Woch, City Clerk W 4�- - ( chel E. Richards, 11111111111111111111111111111111111111111111111111 IN 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 5 11 0 AMENDMENT TO THE FIRST AMEP TDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION THIS AMENDMENT to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision ("PUD Agreement"), being entered into between the City of Aspen, Colorado �"City") and Savanah Limited Partnership ("Savanah" or "Owner") on this 5 th day of , provides as follows: .nuary, 2001 RECITA%, S WHEREAS, Savanah submitted a written petition on September 26, 2000, amended October 11, 2000 and November 16, 2000, to the Comrmuiity Development Director for Cit}� Council action pursuant to Section M of the PUD Agreement seeking certain specific extensions in the construction schedule and reconstruction credit dates; and WHEREAS, hearings were conducted before the Ci;y Council on November 27. 2000 and December 117 2000, during which Savanah successfully demonstrated the reasons necessitating the extensions in the existing construction schedule and reconstruction credit dates; and WHEREAS. Section M of the PUD Agreement <rildiorizes extension of the time periods for construction schedules upon a proper showing; and r. WHEREAS, Section 0(6) of the PUD Agreemen-I authorizes amendments to the PUD Agreement by written instrument executed by the parties Thereto. NOW THEREFORE, in consideration of the mutual covenants as contained herein, it is =N agreed that the provisions hereinbelow shall amend the PUD Agreement as follows: = ce F- s`.1� 1. Savanah's construction schedule deadlines as set forth in Section A2 of the PUD M O ` a Agreement, and as previously amended by those Section M amendments executed in June 1990, © '. June 1991, August 1992, October 1992, February 1993, J•.une 1995, February 1998, March 1998 `¢ a and September 1999, are hereby further amended to prow de as follows: s `a a A. Lot 5, Grand Aspen Hotel Site � ce m —*+z e i) Demolition Time Table: R—. WE Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An iuutial meeting shaa occur between Savanah and the �! adjacent neighbors by January 31, 2001 to discuss the demolition process. w in ii) Building Permit Application Submissio-i: Within one hundred and eighty (ISO) days after recordation of all final Aspen ` �� o ,1s Mountain PUD documents. iii) Certificate of Occupancy: Within thirty (30) months after issuance of a building pennit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing proj ect. B. Lot 3, Top of Mill i) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. ii) Building Permit Applications: At owner's discretion, but no sooner than -the issuance of a building permit for the Bavarian Inn affordable housing project. iii) Certificate of Occupancy for the Parcel I Multi -Family Free Market Units: •'` No sooner than the receipt of a certificate -)f occupancy for the Parcel 2 affordable housing units iv) Final Inspection for the Duplex Free M:� r et Units on Parcel 3 and the Single -Family Free Market Units on Parceis 4, 5, 6; 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the-,i dplicable affordable housing impact fee. C. Bavarian Inn Affordable Housing Project i) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing project PUD documents. ii) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project, but no sooner than the recordation of all final Aspen Mountain PUD documents for Lots 3 and 5. However, should said permit fall within the months of December 1" to March 31", then the commencement shall begin no later than May 151 of that year. iii) Certificate of Occupancy: Within eighteen (1 S) months of the date of commencement of construction as set forth in paragraph b above. l Illlli IIIII IIIIII IIIIII 111111111l11111IIPIlNI �Illtlll 450418 01/11/2001 08:41A PUD AGRE DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO P 9/�. 'a / o 6 ; 'nN IAIW r n;ni Inn? 'c7 1W 0 STATE OF COLORADO ) ss. County of Pitkin ) —4':'7 The foregoing instrument was acknowledged before me this day of g- by Rachel E. Richards, as Mayor, and Katheryn S. Koch, as City Clerk, of the City of Aspen. Colorado. ;ws WITNESS MY HAND AND OFFICIAL SEAL My com r- o ary Pub 60 F t, 40 Address - STATE OF ss. County of 3 ) The foregoing instrument was acknowledged before me this 17—day by Tarek Avoubi, president of Aspen Enterprises International, Inc., general p *-nerf Savanah l! Limited Partnership. FITNESS MY HAND AND OFFI, My commission expires: 1 �zo h,% ►v1�---� �9. Address �A G?OoCrco IlIIII IIIII IIIII! Illill IIIII IIII Illf fl 111 ttlll llll IIII 50416 01/11/2001 08:41A PUB ACRE DAVIS SILVI S of 3 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO A 5 0/0 ,i incr nki • •. APPROVED AS TO FORM: Attorney For S4vanah Limited Partnership SAVANAH LIMITED PARTNERSHIP By: _ Tarek A.voubi President Aspen 3interprises International, Inc, General Partner [Acknowledgments On Next Page] I I'�III "III'�III' I�II'I I'II� ({II "II'I �II'�III �I�I I"I 450416 01/11/2001 09:41A PUD ROM DAVIS SILVI 4 of S R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO M 9/5 'd L06E 'ON WW�A ; n i i nn7 •�7 'NiNr C� 2. Section L of the PUD Agreement is amended to provide as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD for Lots 3 and 5. These credits shall not confer any exemption from affordable housing requirements as may be identified during the approval process." 3. All other terms and conditions of the PUD Agreement and the previous Section M amendments, not inconsistent or superseded by this amendment, shall remain in full force and effect. 4. This amendment document shall be promptly recorded in the records of the Pitkin County Clerk and Recorder's office. IN WITNESS WHEREOF, the parties have hereunto set their signatures on the day and Year as first written above. THE CITY OF ASPEN / / ( •� Rac el Richards, Ma r ATTEST: % I z VA a ng NZAM APPROVED AS TO FORM: A ey 0426 3 01/11/2001 Of g R 8:41A PUD AGRE DAVIS SILco �1�I 28_00_D 0- 00 N 0.00 PITKIN COUNTr V [Signatures Continued On Next Page] 1A 3 n /L • i I n r r • n u • 9 y )C L r -' 5 F O U R P E A K S D E V E L O P M N T ,4,01f UN�ry1�oc� /ri�v April 26, 2002 �,o,�FNT City of Aspen - Department of Community Development C/o Fred Jarman 301 South Galena Street Aspen, Colorado 81611 Dear Fred: .-404011111 ow 1000 south Mill St Aspen CO, 81611 Phone: 970-925-21 14 Fax: 970-925-1036 Please accept this letter as our formal request to amend the Section M amendments currently reflected in Ordinance 53 Series 2000. The reasons for this request include: 1) Our discovery that the existing Bavarian Inn is a worthless pile of junk and that all concerned benefit by us building a new one in its place. Current arrangements contemplate a remodel of the existing building and we would prefer to hand over a new structure than a remodeled old one - from here on this element of the Bavarian project will be referred to as "Phase 2". Phase 1 is the other town home units in the project and we are proceeding with preparing and submitting for building permits on this element as soon as possible. The project has been fenced, the old cabins given away, and the demolition permit is applied for. Application for the change to allow a new building has been made to the City. We won't demolish the existing Bavarian until the City approves our requested change to the PUD approval, and that requires some time. Many of the neighbors asked if we could take the existing building down so we expect strong support from the neighbors on this. This delay to process the new BI is driving most of the issues associated with our requested changes, 2) Technical corrections should be made to the current Section M agreements to reflect an update on the project and wording changes, and 3) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction financing for the project. The Following is a presentation of the existing Section M language (in bold text) followed by our requested language (in standard text) and then detail as to the reason for the request (in italic text). We would request that the follow facts be added to the agreement: Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("4P"), purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and Whereas, after detail vestigation into remodeling the existioavarian Inn ("BI") 41 has determined that it is preferable to demolish the existingBI and rebuild on the existing foundation; g and Whereas, 4P has submitted a Land Use application dated April _, 2002 to the City to gain approval to replace the exiting BI with a new structure; and Whereas, 4P wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new BI is processed by the City. This element of the development will be referred to as "Phase 1" of the project and include the four units in "Building W", the five units in "Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI building. Below are our requested changes to Section 1: Section 1: 1. Lot 5: a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000 to discuss the demolition process. Comment: As the building has been demolished this paragraph should be deleted b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment- • The buildingdepartmentwanted toget startedonthereviewofthep 1ectimmediat4andasthe recordation has notyet occurred we felt it important to addthe flexibility to submitprior to recordation. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. Comment: The Galena Place lawsuit is impacting ourability to get construction financingso I can't predict when our start will occur. I can stick to the 30 month time line once construction commences. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Change to: a) At Applications for Infrastructure anoval of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment: The goal here is to get us to do this within 30 days of recordation. All we areasking forhere is for theability to apply before recordation. Permits for Tree removals fm6nganddemolition areahw4 in place. b) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the submission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. Comment: • The change isfrom `issuance"to "submittal"ofaBuildingpermit.Asa buildingpermitforPhase 2 (the new Bavarian)will be delayed while we process the requested change to build a new structure. ■ The submission ofa building permitapplication on Phase 1, combined with theguarantees associated with the CO of the Grand Aspen being held up by the Bavarian (both phases�we believe gives the City adcrlu�ate cassunance thatzUe will Fnaild the Bavarian. We justhave to do this in ? phases because we zvant to do the new building and hope the process will allow us to do so. • Witl)outthisrecPaestedchangeconstnitinganeuvbuilding,irutecrcloJremodelingtheoldbuilcling,' problematic at best. We believe it is in everyone's best interest to teardown the old Inn and build a new one. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment: We were requested to change this from "Certificate of Occupancy"to "FinallnTection"by the City, and are happy to do it. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. No change requested. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Change to: a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. Comment. -As recordatW ill be delayed while the new B1 is processed 0e requesting the ability to get Phase 1 going as soon as possible, by not having to delay submittals while that change is processed This allows us to speed up the process on Phase 1. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Change to: b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Comment:As theBavarian isproposed to be built in two phases to accommodate theapprvr, l of the new building we would like the room to move forward on Phase I while Phase 2 is being reviewed by the City. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. No requested changes Also, for your information, below is a quick summary of the Bavarian schedule as we see it today: • Asbestos removal on existing BI: completed • Demolition permit application (Phase 1): submitted. • Complete fencing of project: completed ■ Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ■ Building permit application for Phase 1 of BI no later than May 31 (hopefully by May 15 - but I am building in a cushion here). Commencement and completion of construction as required above. We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC Scott Writer, Manager [C"4 rrC�^ rL - foil! I' 5.0' SITH�CK • R -IJ03 NEIY - SIREEr LICNr NO1F. SICOW K AND CURB AND OurIER 0.N DIE "4W S/REfr fNIM/ACC ARC PRC[IANAWr PENDING ME RE -DESIGN Or WIN STREET Br rl,r CITY Qr ASPLN AND CDDr. J. J' SCr81CX NL W - STR.0 EEI LILI WEST MAIN STREET /Al2u ULLr - 995 d" V-91 1 OGL rE S1REEr IICIIr 991G. I' E/ = 991 1' !1 ll14Y 7 S[ra4CX u .Ir SEr81CK GRAPHIC SCALE ( IM R7T 1 I I-h - 20 IL BLOCK 10 . _... _...... _.................. .......... 'R SCHMUESER GORDON MEYER I 1 6 w 6TT1 STREET, SL,IYE zoo GLENWOOD SPRINGS, COLORADO B 1 BO 1 ASPEN 9 O O ADO FAX 1925- 945-5946 ASPEN, COLORADD (970) 925�(3727 E mM-oh-0.9m-b— BA VARIAN INN SUBDIVISION � PUD NUAl- INIE LIY FINAL PUD DEVELOPMENT PLAN .y �. n. _ Ncw r LAAVSCAPIAC iANDSCAPh SAaIW4L Ar 18.7, cv CuRa PARCE4 I 2010' p IA051 SF '184CK YARD UAUF N1 J&4V,4RAN INN Tr VMl1 NI 3 AMAWVP S-RACES 15 PWA?IVC sPl<l s Iff840C :ACED ALLEY I ffic lao -11 I4 P,4RK#VC -VIACES 29t 0' SCTMCK ....................... ........ w SAO K CWAI Q ..... ......... ....... 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RCSIOCACC "wr W4 s f 6.4 i PAaRstCSCf L 2 T do EMJPCRFY INVE tgagr.40K F acr Of CURB SAOK W J lAAVSCt-ffC NEW t - 100.1 1 SrRf'fr LArdlF A00fr.- STREff L)CHf S;Z;LK A;;; COM-70 GRAPHIC SCALE CUrIER 0W ME "4W STREET fRWr",W PRI-LIMINWr PCAVII.0 ME Rf-DfSVN OF "IVN S"Iff /f cyry OF A&ft,V AND COOK or FlWEST AIAIN STREET Tr :R SCHMUESER GORDON MEYER I IS W GTH STRFE7r, SUE 200 GLENWOOD SPRINGS, COLORADO 8 1601 970) 945-1004 FAX (970) 945-594B I ASPEN, COLORADO 19 70) 9 2 5 -87 2 7 E a.& @,Qbwwowwkm =oi EA VA RIA N INN SUBDIVISION / PUD hm- FINAL P UD DEVELOPMENT PLAN AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE :ADDRESS OF PROPERTY: &2(A V� n� 0, 00t�spen,CO - SCHEDULED PUBLIC HEARING DATE:, 200 STATE OF COLOR. -',DO ) ss. County of Pitkin ) I 1, C' lk-(name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of'norice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the _ day of , 200, to and including the date and time of the public hearing..4 photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or test amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. nature The ciregoina "Affidavit of Notice" was acknowledged before me thi m ay of T , 200 �, by 7� PUBLIC NOTICE RE: AMENDMENT TO SECTION M OF ASPEN MOUNTAIN PUD -�O AMEND CONSTRUCTION SCHEDULE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 13, 2002, at a meet- ing to begin at 50., p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application sub- mitted by Four Peaks Development, requesting an amendment to Section M of the Aspen Moun- tain PUD/Subdivision to change construction dates that were set in the PUD and Ordinance 53 of 2000 for Lot S. Lot 3, and the Bavarian Inn. The property Is legally described as Lots 3 & 5, Aspen Mountain Subdivision and PUD; and is referred to as the Top of Mill site and the Grand Aspen Hotel site, respectively. For further information, contact Fred Jarman at the Aspen Community Development Department, 130 S. Galena St., Asp?r.., CO (970) 920-5102 or by email at fredj@cl.aspen.co.us. "ielen Kalin Klanderud, Mayor Aspen City Council Published in The Asp.-n Times on April 27th, 2002.(8671) WITNESS NIY HAND AND OFFICIAL SEAL My commis ion expires: Notary Public SPRAH OATES ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGX4PH OF THE POSTED NOTICE (SIGH) Cat LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED B Y AL41L FL=1007.1I 5.0' SI7H/L'K 1(=IJOJ l NCW - SrR£O LJOIT NCW SIREf1 (l0 LANDSC,4PANC S10CWAIK I8.7' BALK CLA PARCEL:::: 1 - 10'0' 14051 SF S£/81CAr h l 3 3 5.0' SfTB4CK J YARD UN/I N1 � £xLsrANc RCSKICNC£ u BG q T UN/I N7 5 PARMC SPALfS I J , 6 ?ARKINC 5-1 J. J' SCTBICK `AWD ALLEY NOr£ 510fWAI K AND CURD AND cu"ER cw Ol£ "ItIm SrR£Cr FRONTAcf AR£ PRaimwwr PCN&W III,' R£-LYSK.N OF "vN sMfCT Sr PAC arY OF ASPVV AND CDOT. STR££T LZIT WEST MAIN STREET 995 d (ANDSCAPINC 5.0' - NL IOL'A/t S/R£F/ ILGNr P R!Y 11NE I ! SE IBILK 2 2 i p � EX/SONG 91 ✓ARLW INN Y O 3 . q o j 0 W a /RA I h ~— S ffilICK 10J9' 6.1" SFraICK i) S� GRAPHIC SCALE ( IN {11T ) I Inch - 20' 11 10 Ri OCK 18 • R SCHMUESER GORDON MEYER 11 6 W sn, STREET. SuFrE 200 13LENWOOD - 100SPRINGS, CX (97oo B) eo) 1970' 945-) °°4FAX (97°' 945-5949 ASPEN, COLORADO (970) 925-6727 E mall:-ow—ow-Irr mm BA VARIAN INN SUBDIVISION /PUD "afq a/f FINAL PUD DEVELOPMENT PLAN `�- �°,•. oc r� 0 • • F O U R P E A K S D E V E L O P M N T qP,� �Fp C% �S� � 61 4. ryOF�F�Cp� April 26, 2002 City of Aspen - Department of Community Development C/o Fred Jarman 301 South Galena Street Aspen, Colorado 81611 Dear Fred: 1000 South Mill St Aspen CO, 81611 Phone: 970-925-21 14 Fax: 970-925-1036 Please accept this letter as our formal request to amend the Section M amendments currently reflected in Ordinance 53 Series 2000. The reasons for this request include: 1) Our discovery that the existing Bavarian Inn is a worthless pile of junk and that all concerned benefit by us building a new one in its place. Current arrangements contemplate a remodel of the existing building and we would prefer to hand over a new structure than a remodeled old one - from here on this element of the Bavarian project will be referred to as "Phase 2". Phase 1 is the other town home units in the project and we are proceeding with preparing and submitting for building permits on this element as soon as possible. The project has been fenced, the old cabins given away, and the demolition permit is applied for. Application for the change to allow a new building has been made to the City. We won't demolish the existing Bavarian until the City approves our requested change to the PUD approval, and that requires some time. Many of the neighbors asked if we could take the existing building down so we expect strong support from the neighbors on this. This delay to process the new BI is driving most of the issues associated with our requested changes, 2) Technical corrections should be made to the current Section M agreements to reflect an update on the project and wording changes, and 3) The lawsuit by the Galena Place Homeowners is delaying our ability to get construction financing for the project. The Following is a presentation of the existing Section M language (in bold text) followed by our requested language (in standard text) and then detail as to the reason for the request (in italic text). We would request that the follow facts be added to the agreement: Whereas, Grand Aspen Lodging, LLC, represented by Four Peaks Development ("41""), purchased the property from Savanah Limited Liability Partnership on January 11, 2000; and Whereas, after detAW investigation into remodeling the exi Bavarian Inn ("BI") 4P has determined that it is prefe le to demolish the existing BI and rebui a on the existing foundation; and Whereas, 4P has submitted a Land Use application dated April 2002 to the City to gain approval to replace the exiting BI with a new structure; and Whereas, 4P wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new BI is processed by the City. This element of the development will be referred to as "Phase 1" of the project and include the four units in "Building W", the five units in "Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI building. Below are our requested changes to Section 1: Section 1: 1. Lot 5: a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000 to discuss the demolition process. Comment: As the building has been demolished this paragraph should be deleted b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment: The buildingdepartment wantedto getstartedon the review oftheprojectimmediatelyandasthe recordation has not yet occurred we felt it important to add the f lexibility to submit prior to recordation. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. Change to: b) Certificate of Occupancy: Within thirty (30) months after commencement of construction, but no sooner than the receipt of a certificate of occupancy for both phases of the Bavarian Inn affordable housing project. Comment. The Galena Place lawsuit is impacting ourability to get construction financing so I can't predict when our start will occur. I can stick to the 30 month time line once construction commences. 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Change to: a) Perpplications for Infrastructure and R&val of Fill Material: Submit application(s) wit thirty (30) days after recordation of a final Aspen Mountain PUD documents. Submission before recordation is allowed. Comment: Thegoal here is to get us to do this within 30days of recordation. All we areasking forhere is for the ability to apply before recordation. Permits for Tree removal, fencingand demolition arealready in place. b) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. Change to: b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the submission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. Comment: ■ Thechangeisfrom "issuance"to "submittal"ofaBuildingpermitAsa buddingpermitforPhase 2 (the new Bavan'an)will bedelayed whileweprocess the requestedchange to build a newstructure. ■ The submission ofa buildingpermit application on Phase 1, combined with the guarantees associated with the CO of the GrandAspen being held up by the Bavarian (both phases) we believe gives the City adequate assurance that we will build the Bavarian. We just have to do this in 2 phases because we want to do the new building and hope the process will allow us to do so. ■ lithout this requested change constructinga new building, instead of remodeling the old building is problematicat best. We believe it is in everyone's best interest to teardown the oldlnn and builda new one. c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Change to: Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Comment: We were requested to change this from "Certificate of Occupancy"to "Finallnspection"by the City, and are happy to do it. d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. No change requested. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Change to: a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. Comment: As recor*'rs' n will be delayed while the new X is proces,*eare requesting the ability toget Phase 1 going as s000ssible, by not having to delay submittals waale that change is processed. This allows us to speed up the process on Phase 1. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Change to: b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1st to March 31st then commencement shall begin no later than by May 1st of that year. Comment: As the Bavarian is proposed to be built in two phases to accommodate theapproval of the new building we would like the room to move forward on Phase I whilePhase 2 is being reviewed by the City. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. No requested changes Also, for your information, below is a quick summary of the Bavarian schedule as we see it today: ■ Asbestos removal on existing BI: completed ■ Demolition permit application (Phase 1): submitted. ■ Complete fencing of project: completed ■ Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ■ Building permit application for Phase 1 of BI no later than May 31 (hopefully by May 15 - but I am building in a cushion here). Commencement and completion of construction as required above. We appreciate your support in these requested changes. Sincerely, Four Peaks Development, LLC Scott Writer, Manager NOV-22-2000 'DIED 09 : 28 All r M NU. i! • r, u,,; i q EXHIBIT 12 REQUEST FOR SECTION iV1 AMENDMENT TO ASPEN MOUNTAIN PUD Submitted by Savanah Limited Partnership November 16, 2000 This request to amend certain construction and other dates contained in the Aspen Mountain PUD (the PUD), and in Ordinance 38 of 1999, is made pursuant to Scetion M of the PUD. Savanah Limited Partnership and the City of Aspen have been engaged in the approval process for the final parcels contained in the PUD, Lots 3 (Top of the Mill) and 5 (the Grand Aspen Hotel) and the Bavarian Inn for many months. Separate from that review process but related to it, Savanah and the City have agreed upon a number of dates from time to time that relate to how and when those three parcels would be processed. approved and built. The most recent agreement on those dates is contained in Ordinance 38 of 1999. When those dates were agreed to in September of 1999, both Savanah and the City had to estimate when conceptual and final approvals for the three sites would be received. Given that csrimate, other dates were then established for various building permits, certificates of occupancy, etc. on the three parcels. Conceptual approvals for all three sites were received on December 6, 1999. Under the Aspen land use code, Savanah has until one year after that date, i.e., December 6, 2000, to submit the final applications for each site. Given the complexity of the architectural and engineering work required for each final submission, Savanah will not be submitting the Final approval applications until, or just before, December 6, 2000. Now that the final submission dates are more accurately predicted, it can also be estimated that final approvals will not likely be received until sometime in the fall of 2001. This being the case, all of the dates contained in Ordinance 38, with the exception of the Grand Aspen demolition date, are unattainable by a wide margin. It should also be noted that each of the properties in question are under contract for sale by Savanah. However, due to the unpredictability of any such transaction, Savanah has been proceeding with all its various development consultants to process and prepare the final applications with all appropriate priority to meet the December 2000 deadlines. NUV-�L-2000 WLU Uy;CC H'i r11V 1 HU, r, tUi R 0 I. Section 1_ of the PUD, Reconstruction Credits Section L of the PUD contains provisions relating to the Ilse of reconstruction credits. Deadlines For using them have been extended throughout the processinb of the PUD until such time as it becomes clear on how they might be implemented. The last time they were extended was in 1998 through Ordinance 8. All reconstruction credits associated with Lots3 and 5 were extended in that Ordinance until one (1) year from issuance of the demolition permit for the Grand Aspen Hotel. the date of Now that we have a much more accurate understanding will be approved and then constructed, we are hereby reqstinglese that all r mapropgerties u reconstruction credits in the PUD be extended for five years after the date of final approvals for Lots 3 and 5, This is consistent with the existing land use code that allows five for reconstruction within years of demolition of the units. Given the complex and lengthy approval process needed to determine how these c it is reasonable to treat the credits as requested, redits could be used, we think 11. Grand Aspen Demolition Permit Date - The PUD stipulates that if the demolition of the Grand Aspen were to fall in the ski season, then it can be postponed until after that season. Since the current requirement of obtaining the demolition permit by October 1, 2000 would place the demolition in that Period, Savanah and the City have agreed that the demolition will not commence until after the lifts close in April 2001. (See attached letter September 25, 2000) from Julie Ann Woods of Nonetheless, in order to meet the requirement of obtaining tion permit, Savanah submitted a complete demolition permit applicaton through the titss demolition contractor to the Aspen Building Department the week of September 18, 2000. The processing of the permit tool: a number of weeks to comby October 30, plete and requirements, except for one, for the i2000 all outstanding matter ssuance of the permit had been met. The only is the asbestos abatement that must be completed and certified by the State before a demolition permit can be issued. Since it is possible that work may not take place until April of 2001 as part of the overall demolition, the permit will not actually be Issued until that time. Accordingly, Savanah is requesting all extension of the requirement to obtain the permit until the spring of2001, Please sec the attached letter from the City of November 16, 2000 on this subject. III. Other Dates.. Now that the various site development plans are more precisely defined due: to the conceptual approvals, more accurate building and construction dates can be estimated. L 1 f I NUV-�?-2000 WED Uy: Zy HM r HA HU. r, 1 1/ 14 3. Thus, the following proposed dates for buildin constructcing ion and certificates of occupancy are more spec it applications, hose datesfoundin Ordinance 38. Several items should be noted about these proposed dates. First, the total construction time for each parcel is the same as that used in Ordinance 38. Second, all affordable housing will continue to be built (certificate of occupancy) or obligations met (cash in lieu, etc,) concurrent with or before all free market units receive their final inspection. The specific requested dates for Lots 3 and 5 and the Bavarian are as follows. Lot 5, Grand Aspen Hotel Site a) Demolition Permit: No later than the spring of 2001 as per the attached letter from the City b) Demolition Time Table Commence asbestos abatement work no later than April 16, 2001, with demolition to be completed no later than July 31, 2001. c) Building Permit Application Within one hundred and eighty (180) days after the recordation of all final PUD documents. d) Certificate of Occupancy Within thirty (30) months after issuance of building than the receipt of a certificate of occupancy for the Bavarian inn roject. but no sooner 2. Lot 3, Top of Mill a) Permit Application(s) for Infrastructure and Removal of Fill Material Submit said application(s) within thirty (30) days after recordation of all final PUI) documents. b) Building Permit Applications NUV-2�_?NU WEU UU: ?y HIS & 0 r HA NU, is r, 1L/ t4 4 At owner's discretion, but no sooner than the issuance ofa building permit for the Bavarian Inn affordable housing project, c) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. d) Certificates of Occupancy for the Duplex Free Market Unit on Parcel 3 and the Single-Farniiy Free Market Units on Parcels 4, 5, 6, 7 and S. No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the appli fee. cable affordable housing impact 3. Bavarian Inn Affordable Housing Project a) Building Permit Application documents Within ninety (90) days after recordation of all final PUD Bavarian Inn b) Commence Construction Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final PUD documents for Lots 3 and 5. However, should such date fall between December I and March 31, then construction MY commence as late as May 1 of that year. c) Certificate of Occupancy Within eighteen (18) months Of commencement of constructi forth in paragraph (b) above. on as set Given what we know today about the likely final approval timetable, Savanah is confident these dates are realistic and achievable. Thus, we respectfully request a hearin before the City Council to consider all these matters. Thank you. g PUBLIC NOTICE RE: AMENDMENT TO SECTION M OF ASPEN MOUNTAIN PUD TO AMEND CONSTRUCTION SCHEDULE NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 13, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Four Peaks Development, requesting an amendment to Section M of the Aspen Mountain PUD/Subdivision to change construction dates that were set in the PUD and Ordinance 53 of 2000 for Lot 5, Lot 3, and the Bavarian Inn. The property is legally described as Lots 3 & 5, Aspen Mountain Subdivision and PUD; and is referred to as the Top of Mill site and the Grand Aspen Hotel site, respectively. For further information, contact Fred Jarman at the Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5102 or by email at fredjAci.aspen.co.us. s/Helen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on April 27`h, 2002 City of Aspen Account Mem'orandum To: Fred Jarman CC.- Sunny Vann, Ran Garfield From: Scott Writer tel.- 970.925.2114 Four Peaks Development fax. • 970.925.1036 Grand Aspen Lodging, LLC e-mail. swriter@/ourpeaksdevelopment.com Date: April 19, 2002 Ref- R-304 Subject. Proposed Section M amendment Below is what we would like to see in terms of changes to the Section M agreement (Ordinance 53-2000). To help facilitate your review I am presenting this in a redlined format with our request changes shown as compared to the existing language and [our comments and/or explanations shown in italics.] First, we need to establish some new facts: Whereas Grand Aspen Lodging. LLC, represented by Four Peaks Development ("4P")purchased the property from Savanah Limited Liability Partnership on January 11. 2000,and Whereas after detailed investigation into remodeling the existing Bavarian Inn ("BI") 4P has determined that it is preferable to demolish the existing BI and rebuild on the existinc foundation, and Whereas 4P has submitted a Land Use application dated April 2002 to the City to gain approval to replace the exiting BI with a new structure; and Whereas 4P wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new BI is processed by the City. This element of the development will be referred to as "Phase 1" of the project and include the four units in "Building W", the five units in `Building S" and the two units in `Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI building. Below are our requested changes to Section 1: Section 1• 1. Lot 5, Grand Aspen Hotel site a) Demolition Time Table., Commeneement t—e oeettr on or before ikpril 4 6, 2001 , proeesq. [This has been completed.] v Alemorandum b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [The Building Department is already working on ourplans — so Ijust want this changed to protect us from third party challenges.] c) Certificate of Occupancy: Within thirty (30) months after commencement of construction , but no sooner than the receipt of a certificate of occupancy for both Rhases of the Bavarian Inn affordable housing project. [The lawsuit is impacting our ability to get construction financing so I can't predict when our start will occur. I can stick to the 30 month time line. Ifyou want this as Final Inspection that is fine] 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [Again, as with the GA, I am just trying to fit this into reality and protect us from outside challenge] b) Building Permit Applications Parcels 3, 4, 5, 6, 7, and 8: At owner's discretion, but no sooner than the isubmission for a building permit for Phase 1 of the Bavarian Inn affordable housing project. [Phase 2 is the new Bavarian — and that element is guaranteed with its linkage to the Final Inspection at the Grand Aspen, as are all of the above units with that CO. Ideally I'd just strike this section — but it didn't seem like Julie would go there.] c) Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. Or, if accepted by City, payment of in lieu fees or approval of an acceptable offsite location. [I changed this to fityour request to drop the CO Ian guage as it relates to free market units. I left it in on the Affordable housing figuring that is whatyou would want. The additional language contemplates a future request to be made.] d) Final Inspection for the ale Free Market Units on Parcels 3,and the Single Family Free Market Units on Pareels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior to recordation is acceptable. [As recordation will be delayed while the new BI is processed I want the ability to get Phase 1 going as soon as possible]. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 st then commencement shall begin no later than by May 1 st of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. For your information, below is a quick summary of the schedule as we see it today: ■ Asbestos removal on existing BI starting: April 12 ■ Demolition permit application (Phase 1) by April 15. ■ Complete fencing of project by April 26 (hopefully sooner). ■ Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ■ Building permit application for Phase 1 of BI no later than May 31 (hopefully by May 15 — but I am building in a cushion here). Thanks again, Scott Al-lemoranduln l To: Julie Ann Woods CC.• Sunny Vann, Ran Garfield From: Scott Writer tel.- 970.925.2114 Four Peaks Development fax.- 970.925.1036 Grand Aspen Lodging, LLC e-mail. swriter@fourpeaksdevelopment.cow Date: April 11, 2002 Ref R-303 Subject: Proposed Section M amendment Below is what we would like to see in terms of changes to the Section M agreement --(Ordinance 53-2000). To help facilitate your review I am presenting this in a redlined format with our request changes shown as compared to the existing language and our comments and/or explanations shown in italics] First, we need to establish some new facts: Whereas. Grand Aspen Lodging. LLC, represented by Four Peaks Development ("4P")purchased the property from Savanah Limited Liability Partnership on - anuary 11, 2000. and Whereas, after detailed investigation into remodeling the existing Bavarian Inn ('BI") 4P has determined that it is preferable to demolish the existing BI and rebuild on the existing foundation: and Whereas, 4P has submitted a Land Use application dated April 2002 to the City to gain approval to replace the exiting BI with a new structure: and Whereas. 4P wishes to move forward with the construction of all of the other three buildings in the project while the proposal for the new BI is processed by the City. This element of the development will be referred to as "Phase 1" of the project and include the four units in `Building W". the five units in `Building S" and the two units in "Building N" as labeled on the Final PUD Development Plan. Phase 2 will hereinafter refer to the new BI building. Below are our request changes to Section 1: Section 1: 1. Lot 5, Grand Aspen Hotel site a) Demolition Time Table, Commetteement to oeettr on or before AprA 16, 2004 with eompletion no later than _I uly 3 4, 200 1. An initift! meeting 9hall oeetir bet -wee preeess. TThis has been completed.] J,_ Memorandum b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [The Building Department is already working on ourplans— so Ijust want this changed to protect us from third pary challenges.] c) Certificate of Occupancy: Within thirty (30) months after commencement of constructio , but no sooner than the receipt of a certificate of occupancy for both phases the Bavarian Inn affordable housing project. JTbe lawsuit is impacting our abiliy to get construction financing so I can't predict when our start will occur. Once it does start I can stick to the 30 month time line.] 2. Lot 3, Top of Mill a) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. Submission before recordation is allowed. [Again, as with the GA, I am just trying tofit this into realiy and protect us from outside challenge] b) At owner's diseretion, but no sooner thftn the i9stianee of R building perreit for the "Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for Phases 1 and 2 of the Bavarian Inn affordable housing project. [W/hat seems important is not when permits are applied for or issued, but when units are available for the communi y. This puts the onus on us to make surr these units are done by a specific deadline. I can't submit for a building permit on the new BI until it is approved by the Council. We will commit to jam on the BI when it is approved and have it catch up with Phase 1 by tying it to these free market CO'.r] c) Final Inspection for the Parcel 1 Multi -Family Free Market Units: No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable housing units. /I changed this to ftyour rrquest to drop the CO language as it relates to free market units. I left it in on the Affordable housing fgur * that is whatyou would want.] d) Final Inspection for the Duplex Free Market Units on Parcel 3 and the Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. Submittal prior J.- Memorandum to recordation is acceptable. [As recordation will be delayed while the new BI is processed I want the ability to get Phase 1 going as soon as possible]. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for each Phase of the Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1 st to March 31 st then commencement shall begin no later than by May 1st of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b. above. Julie Ann, I would appreciate your support on this. Please let myself, or Sunny know as soon as possible if you have any objections or recommended changes. Once we hear form you we will produce a final copy for your review and submittal to Council. For your information, below is a quick summary of the schedule as we see it today: ■ Asbestos removal on existing BI starting: April 12 ■ Demolition permit application (Phase 1) by April 15. ■ Complete fencing of project by April 26 (hopefully sooner). ■ Demolition to commence within one week after Demo permit issuance. Note that we are not planning on demolishing the existing BI until the new BI is approved. Demolition of other buildings, overlot grading and infrastructure all to commence immediately upon permit issuance. ■ Building permit application for Phase 1 of BI no later than May 31 (hopefully by May 15 — but I am building in a cushion here). Thanks again, Scott 7 "V �J "1 11;il..'1 S. 0' 5t 78AC'K It - !./C AEW - STREET tialT NEw S7Rff7 LICK/ [ANmSCAPlNG SNEWAL K PARCEL;: 1 _ 2010' 18,051 SF SCIMlCK 5.0' I SETBACK N U J YARD i _ UNIT IV EXISTING RCS/UENCF V 9 4 Q. L__ ' - UNIT N2 Fl- rC PARKING SPACES J.-T. SCT6ICK NO/E 90,FWiALK AND CURB AND GUrfER CW DI£ AWN STREET tRONTACE ARE PREUIM/NARY PENDING THE RE-DFSGN OF AAAIN STRE£7 BY DAF C77Y OF ASPEN AND CDOr. nz w — STREET LIGNT WEST MAIN STREET LANQSGIPINC 5.0" )' SDE"K 5.0" CURB 1 £R 1 -Pt l; l/Nf To ;.TO.J' ... .. SETBACK U U� k EXISTING 8AVARWJ LNN b _ 6 PARKING SPACES ^AWD ALLEY ( f 10..T9' 6.2' SETBACK Ht L OUIC S/RCtT IAP11 2 � C C �r^ VJ I 2: W — m IMCK 1) GRAPHIC SCALE I m-L, - zo' Li C RI OCK 18 • :R SCHMUESER GORDON MEYE4v RR 1 1 8 W GnA STREEr, SUrrE 200 (970) 4 SPRINGS, CX (97DO e 1 eo l (97E 945- 10DO FAX (970) 945 594E ASPEN, COLORADO (970) 925-6727 E mail: enpnsaraepm Ytt — BA VARIAN INN ,SUBDIVISION /PUD °r`axW a. if "' FINAL PUDILENW DEVELOPMENT PLAN '°°' D°'` oC !Ar .�0I , T 6) 0 ( 4=000RECEIVED Memorandum NOV 3 0 7000 ASPEN I PITKIN To: Mayor and City Council COMMUNITY DEVELOPMENT Thru: Steve Barwick, City Manager Julie Ann Woods, Community Development Directon4V — From: Joyce A. Ohlson, Deputy Director V Date: November 27, 2000 Re: An Ordinance Amending Aspen Mountain PUD/Subdivision Agreement Development and Reconstruction Credit Dates -Ordinance #53, Series of 2000, 1` Reading (a.k.a. Section L & M Amendments) Summary: A letter was received by the Community Development Department, dated November 16, 2000, (Exhibit A) from John Sarpa of Savannah Limited Partnership requesting to amend certain construction dates and reconstruction credit dates associated with the Aspen Mountain PUD/Subdivision Agreement. Savannah's letter provides a rationale and justification for extending and amending the construction dates for the Aspen Mountain PUD and Bavarian Inn PUD, along with proposed dates for the use of the reconstruction credits associated with the project. The main justification is that of the logistics and timing of gaining land use approvals as well as having a better grasp of a more realistic construction timeline. Section M of the Aspen Mountain PUD states that City Council may provide an extension of one or more of the time periods as it may deem appropriate. These extensions may not be unreasonably withheld by Council "if the Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate such extensions(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner." Savannah originally submitted applications for Lot 3 (Top of Mill) and Lot 5 (Grand Aspen Site) in January 1996. They had completed their review with the Planning & Zoning Commission and were beginning a series of meetings with City Council when disruptions occurred to the management structure of the, then, Ritz -Carlton Hotel. In addition, direction had been given to Savannah as to how they might make their project more responsive to community interests. In order to evaluate and respond to these issues, Savannah delayed the Aspen Mountain PUD review process. Savannah submitted revised applications for the Bavarian site, Lot 3 and Lot 5 in September of 1998. These projects gained conceptual approval from the Planning and Zoning I Commission on August 24, 1999 and from the City Council on December 6, 1999. It is anticipated that plans for the final review process will be submitted by Savannah on or near December 6, 2000 so that the project may continue through the City's review process. [For information purposes, Savannah submitted an application for a demolition permit (for the Grand Aspen Hotel) in a timely manner in October of this year and intends to commence with demolition after the 2000-2001 ski season.] Discussion: Staff believes that granting Savannah the requested extensions is consistent with the requirements for amendment of the PUD. The revised construction dates indicate a more reasonable timeline for the redevelopment of the all of the subject sites. The revised dates also show a dependency within the dates for the projects to be coordinated, especially with regard to the provision of affordable housing. For example, the Building Permit Applications for Lot 3, Top of Mill can not be submitted sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. Staff feels comfortable with the "checks and balances" that are brought into this complex development picture through these amendments. We feel this is a benefit of the amendments. Staff also acknowledges that the dates for construction are well beyond what has ever been contemplated. It should be noted that the projects (AMPUD and Bavarian) are not likely to be through with the City's development review processes until late summer (2001) and if construction does not commence immediately that Fall, a year 2002 Spring construction commencement would occur. It is easy to then see how the timeline gets shifted off to future years. Financial Implications: Because the applicant is responsible for payment of staff time involved in the review of development applications, there are no significant financial implications for the City in granting this extension of development deadlines. However, staff believes it is in the City's best interest to have demolitions occur by the end of July with expectation that construction could occur shortly after that date. Recommendation: Staff recommends that the proposed ordinance be adopted on first reading and a public hearing be set for second reading on December 11, 2000. Proposed Motion: Staff recommends the following motion: "I move to approve Ordinance No. 53, Series of 2000, amending Section L and M of the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision." City Manager Comments: Attachments: Exhibit A --Applicant's Letter C /home/joyce/AmpudSecUM'00 ORDINANCE # 53 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING AN EXTENSION OF THE CONSTRUCTION DEADLINES AND RECONSTRUCTION CREDITS THEREBY AMENDING SECTION L AND M AMENDMENT TO THE FIRST AMENDED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION, ASPEN, COLORADO. WHEREAS, on October 3, 1988, City Council approved the Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision, and WHEREAS, the Agreement defined a construction schedule for the development of the Aspen Mountain Subdivision (Lots 3 and Lot 5) and included dates by which the reconstruction credits would expire, and WHEREAS, the Agreement has been amended several times as the construction schedule has been adjusted, (most recently pursuant to Ordinance # 8, Series of 1998 and Ordinance #38, Series of 1999); and WHEREAS, Savanah Limited Liability Partnership ("Savannah") submitted a written petition on September 26, 2000, amended October 11, 2000, and November 16, 2000, to the Community Development Director for City Council action pursuant to Section M of the First Amended and Restated Planned Unit Development/Subdivision Agreement ("PUD Agreement") for the Aspen Mountain Subdivision, seeking specific i extensions in the construction schedule and reconstruction credit dates; and WHEREAS, Savanah has provided in said petitions a rationale and justification for the requested Section L and Section M amendments, and I 11111111111111111111111111111111111111111111111111 III"IIIIIIIIII 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO WHEREAS, pursuant to the Agreement and an amendment made thereto by Ordinance #38, Series of 1999, Savannah has met the demolition permit application submission deadline of October 1, 2000 for the demolition of the Grand Aspen Hotel; and WHEREAS, the applicant has requested to extend the construction deadlines and reconstruction credits to be more in keeping with Savannah's projected development review process, PUD approval timelines of the City and the projected construction timelines; and WHEREAS, Savannah submitted a "Conceptual PUD Development Plan/ Subdivision Application" for the Top of Mill site (Lot 3), Grand Aspen site (Lot 5) and the Bavarian Inn site and received conceptual approval from the City Council for all three development sites on December 6, 1999 and Savannah has indicated their intention to submit final applications for these sites by the deadline of December 6, 2000, requiring detailed engineering and architectural plan submissions; and WHEREAS, because of the length of the PUD review process and the necessity of extensive public review (a circumstance beyond the control of the applicant), City Council finds it appropriate to extend construction and other related development dates and reconstruction credit dates, and WHEREAS, the City Council finds that this ordinance furthers and is necessary for the public health, safety, and welfare, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 111111111111111111111111111111111111111111 Ild 1111111 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO Section 1 The Aspen City Council does hereby amend Savannah's construction schedule deadlines as set forth in Section A 2 of the PUD Agreement, and as previously amended by those Section M amendments executed in June 1990, June 1991, August 1992, October 1992, February 1993, June 1995, February 1998, March 1998 and September, 1999, to provide as follows: 1. Lot 5, Grand Aspen Hotel site a) Demolition Time Table: Commencement to occur on or before April 16, 2001 with completion no later than July 31, 2001. An initial meeting shall occur between Savannah and the adjacent neighbors by January 31, 2000, to discuss the demolition process. b) Building Permit Application Submission: Within one hundred and eighty (180) days after recordation of all final Aspen Mountain PUD documents. c) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. 9-6 )­ 2. Lot 3, Top of Mill �> a) Permit Applications for Infrastructure and Removal of Fill Material: �o Submit application(s) within thirty (30) days after recordation of all final Aspen N Mountain PUD documents. =z z n. M o a b) Building Permit Applications: m At owner's discretion, but no sooner than the issuance of a building permit for the cc z Bavarian Inn affordable housing project. C6 a m oc) Certificate of Occupancy for the Parcel 1 Multi -Family Free Market Units: N No sooner than the receipt of a certificate of occupancy for the Parcel 2 affordable m �m housing units. LO � N H Id) Final Inspection for the Duplex Free Market Units on Parcel 3 and the _4 �. Single -Family Free Market Units on Parcels 4, 5, 6, 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the applicable affordable housing impact fee. 3 Iliilll�illl�illlilillil Iliillliil • 450415 01/11/2001 08:41A ORDINANCIII DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 3. Bavarian Inn Affordable Housing Project a) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing Project PUD documents. b) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project but no sooner than the recordation of all final Aspen Mountain PUD documents. However, should said permit fall within the months of December 1" to March 31 S` then commencement shall begin no later than by May 1 g` of that year. c) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b, above. Section 2: The Aspen City Council does hereby amend Section L of the PUD Agreement to grant an extension of the usage for the reconstruction credits as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD. These credits shall not confer any exemption from the affordable housing requirements as may be identified during the approval process." Section 3• The amendments as provided in Section 1 and Section 2 of this ordinance shall be reflected in a written amendment document approved by the City Attorney between the City of Aspen and Savannah Limited Partnership which shall be executed and filed in the records of the Pitkin County Clerk and Recorder's Office. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5- This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances 4 • • repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6• A public hearing on the ordinance shall be held on the 11 th day of December, 2000, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. Fifteen (15) days prior to said hearing a public notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 27th day of November, 2000. E. Richards, MaAr ATTEST: ''Kathryn S. och, City Clerk µme'' FINALLY adopted, passed, and approved this 11 `'' day of December, 2000. A ATTEST: " 41,e;i-y;a och, City Clerk chel E. Richards, Mayo 11111111111111111111111111111 IN 111111111111111111111 450415 01/11/2001 08:41A ORDINANC DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 5 • AMENDMENT TO THE FIRST AMEI TJED AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE ASPEN MOUNTAIN SUBDIVISION THIS AMENDMENT to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision ("PUD Agreement"), being entered into between the City of Aspen,, Colorado "'City") and Savanah Limited Partnership ("Savanah" or "Owner") on this 5th day off , provides as follows: muary, 2001 RECITA 5 WHEREAS, Savanah submitted a written petition on September 26, 2000, amended October 11, 2000 and November 16, 2000, to the Comm-rzity Development Director for City Council action pursuant to Section M of the PUD Agreement seeking certain specific extensions in the consu•uction schedule and reconstruction credit dates; and WHEREAS, hearings were conducted before the Ci;y Council on November 27, 2000 and December 11, 2000, during which Savanah successfully demonstrated the reasons necessitating the extensions in the existing construction schedule and reeonstniction credit dates; and WHEREAS, Section M of the PUD Agreement .r ihorizes extension of the time periods for construction schedules upon a proper showing; and 10 . WHEREAS, Section 0(6) of the PUD Agreemen-1 authorizes amendments to the PUD Agreement by written instrument executed by the parties, thereto. NOW THEREFORE, in consideration of the mutual covenants as contained herein, it is = J agreed that the provisions hereinbelow shall amend the F T.)D Agreement as follows: Savanah's construction schedule deadlines as set forth in Section A2 of the PUD �cc Agreement, and as previously amended by those Section M amendments executed in June 1990, ©� June 1991, August 1992, October 1992, February 1993, J .me 1995, February 1998, March 1998 and September 1999, are hereby further amended to prow cie as follows: = e; mad A. Lot 5, Grand Aspen Hotel Site dom cc m = R Z i) Demolition Time Table: ..� co Commencement to occur on or before April 16, 2001 with completion no later o than July 31, 2001. An initial meeting shall occur between Savanah and the adjacent neighbors by January 31, 2001 to discuss the demolition process. �.r r ii) Building Permit Application Submission: :n Within one hundred and eighty (180) days after recordation of all final Aspen Now c AIH-0 : A I I nU 'rl '�!H� 0 1 0 Mountain PUD documents. iii) Certificate of Occupancy: Within thirty (30) months after issuance of a building permit, but no sooner than the receipt of a certificate of occupancy for the Bavarian Inn affordable housing project. B. Lot 3, Top of Mill i) Permit Applications for Infrastructure and Removal of Fill Material: Submit application(s) within thirty (30) days after recordation of all final Aspen Mountain PUD documents. ii) Building Permit Applications: At owner's discretion, but no sooner than the issuance of a building permit for the Bavarian Inn affordable housing project. iii) Certificate of Occupancy for the Parcel I Multi -Family Free Market Units: No sooner than the receipt of a certificate -)f occupancy for the Parcel 2 affordable housing units iv) Final Inspection for the Duplex Free ?4_ rket Units on Parcel 3 and the Single -Family Free Market Units on Parceis 4, 5, 6' 7 and 8: No sooner than the receipt of a certificate of occupancy for an on -site accessory dwelling unit or upon the payment of the-aaplicable affordable housing impact fee. C. Bavarian Inn Affordable Housing Project i) Building Permit Application: Within ninety (90) days after recordation of all final Bavarian Inn Affordable Housing project PUD documents. ii) Commencement of Construction: Within thirty (30) days after receipt of building permit for Bavarian Inn project. but no sooner than the recordation of all final Aspen Mountain PUD documents for Lots 3 and 5. However, should said permit fall within the months of December I" to March 31 ", then the commencement shall begin no later than May 151 of that year. iii) Certificate of Occupancy: Within eighteen (18) months of the date of commencement of construction as set forth in paragraph b above. 450416 01/11/2001 08:41A PUD ACRE DAVIS SILVZ 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COU14TY CO Pa 9,1�, d L06c 0% AIV�0:Ol 100Z c7 N V I STATE OF COLORADO ) ss. County of Pitkin ) The foregoing instrument was acknowledged beI ire me this Zday of rot----- 98 by Rachel E_ Richards, as Mayor, and Katheryn S. Koch.. as City Clerk.. of the City of Aspen, Colorado. .! WITNESS MY HAND AND OFFICIAL SEAL. My P�-I.'r'L K,P it-rNNF STATE OF ss. County of ) 9 o ary Pub Address �l The foregoing instrument was acknowledged betore me this day by Tarek Avoubi, president of Aspen Enterprises lnternat:onal, Inc., general p ner of Savanah Limited Partnership. WITNESS MY HAND AND OFFI My commission expires: Address �A C"( G1 U O C" (o I IIIIII Iliil IIIIII IIIIII illll 1111111111 I!i 11111 Ilil ilil 450416 01/11/2001 08:41A PUD ACRE DAVIS 6ILVI 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO A 5 9!9 'd L06' 'ON ' �,C,7 "7 'NV' APPROVED AS TO FORM: Attorney For S •anah Limited Partnership SAVANAH LIMITED PARTNERSHIP By: _ Tarek i'woubi Preside tt.t Aspen _.enterprises International, Inc. General Partner [Acknowledgments On Next Page] 111111111111111111 IIIIII IIIII IN 111111111111111111 IN 435416 01/11/2001 0e:41A PUD ACRE DAVIS SILVI 4 of S R 25.00 D 0.00 N 0.00 PITKIN COUNT' CO 112 7 u- 'yv .1'� • �- I 2- Section L of the PUD Agreement is amended to provide as follows: "Any reconstruction credits to be reconstructed on Lots 3 and 5 are extended until five (5) years from the date of the final PUD approval of the Aspen Mountain PUD for Lots 3 and 5. These credits shall not confer any exemption from affordable housing requirements as may be identified during the approval process." 3. AlI other terns and conditions of the PUD Agreement and the previous Section M amendments, not inconsistent or superseded by this amendment, shall remain in full force and effect. 4. This amendment document shall be promptly recorded in the records of the Pitkin County Clerk and Recorder's office. IN WITNESS WHEREOF, the parties have hereunto set their signatures on the day and year as first written above. THE CITY OF ASPEN By: _ Rac el . Richards, Ma r ATTEST: City Cler�—� APPROVED AS TO FORM: -, - 11:: Z�dl '-CIA 1 ey 1111111111111i1111111111 3 0416 011111�001 0Bi1111111111111! 1111111 Of g R 2S.00 D 0.00 1A PUD AGRE DAVIS - _ ___ N 0_00 pITKIN COUNTYLco [Signatures Continued On - ext Page] 9/ti 'd HE 'ON Wd'o:o� � 0 0 z 'H 'Ndr